Conditional suspension of the sentence, contraventions and the principles of minimal intervention and harm (Original).

Abstract

The State, as guarantor of rights, through the legal system, provides different mechanisms to avoid the execution of the sentence, among which is conditional suspension. Said criminal subrogation of deprivation of liberty, in practice, is not admitted by justice operators in the case of contraventions, despite the fact that they constitute criminal infractions, according to the classification of the legislator in the Comprehensive Organic Penal Code. In addition to the fact that the rule itself does not legally make it impossible to grant said benefit for these infractions, and this may be violating the principles of minimal criminal intervention and harmfulness. Today, using a methodological research approach, of a qualitative nature and applying methods such as exegetical-analytical and inductive, the general objective is outlined: Argue in a critical and legal manner the impact of the legal impossibility of suspending the sentence of deprivation of liberty. in contraventions, under the principles of minimal criminal intervention and harmfulness. Coming to the conclusion that the judge must admit the conditional suspension of the sentence in criminal contraventions, considering that article 630 of the Comprehensive Organic Penal Code does not prohibit its application; and, that the criteria issued by the National Court are not binding.