Aplicación del principio de favorabilidad en los casos de sustancias psicotrópicas sujetas a fiscalización.

Abstract

The actions of the administration of justice due to legal acts and their consequences effective, limiting the ius puniendi to establishing its power in direct application in favor of the development of due process of persons deprived of liberty. Allowing access to the principle of favorability or in dubio pro accusation that is retroactive, either ex officio or at the request of a party, benefiting the investigated, prosecuted or sentenced, which contains different penalties in the same act, the least sanctioned, established in will be applied the code. Comprehensive Criminal Law art:5 numeral 2 and art: 76 numeral 5 of the Constitution of the Republic as a guiding principle of constitutional jurisdiction. That determining the sanction between the repealed Law on Narcotic and Psychotropic Substances with the current, COIP, puts an end to the judicial procedure of a fair society and without discrimination. The objective of the research is the application of the principle of favorability in the cases of Psychotropic Substances Subject to control, with a descriptive bibliographical research method of comparison of the past and present with a non-experimental design whose structure is the respective penal analysis, with results obvious. Due to the differences in the sanctions that becomes a unique tool for social and assertive, adequate and timely rehabilitation, where the conclusions are to identify and describe each and every one of the axes of guarantee, administration and legal security and eliminate the lack of motivation in sentences by interpretation and application of the rule.