Regulación de la aplicabilidad de la suspensión condicional de la pena en el procedimiento abreviado.

Abstract

The conditional suspension of the sentence as a legal institution of criminal law, grants the individual the benefit and capacity to be able to fulfill the sentence attributed, so that their freedom is not cut or suspended, thus subjecting it to full compliance with certain conditions and precepts. legal for its granting; all this with the purpose that its fulfillment materializes through alternative measures that allow their social reinsertion; However, despite the existence of this legal figure, in daily practice there is an evident lack of application, giving the criminal sanction a merely punitive character, rather than reparatory, a position that completely opposes the guarantee contemplated in the Constitution and the Hence, a reform to the applicability of the conditional suspension of the sentence becomes a palpable and latent need, this in order to attribute greater legal power, mainly in cases developed through abbreviated procedure, where there is a whole legal conflict on the suitability and origin of this benefit since they include fundamental aspects such as the protection of the victim, their non-revictimization and the principles of minimum criminal intervention, favorability and equality, directly attacking legal security.