The Government rejects any “type of amendment” that affects the Criminal Code, as the words of Justice Minister Rafael Catala, after the Executive detected an error in the drafting of regulations affecting 16 penalties crimes. The ability to correct the error by submitting amendments to the Criminal Procedure Act, currently pending in the Senate was shuffled. But the Minister of Justice considers that the defects detected “will not have a consequence in practice” and that it is only “a matter of academic debate”.
The drafting of the new Penal Code assumes, despite the contrary intention of the legislature, demotion to the rank of misdemeanor (ancient faults) a number of less serious offenses. But Catalá wanted to clarify this consideration. “To me what the experts tell me is that crimes can be classified as mild or less mild, but that does not mean that there is a reduction of sentence That depends on how judges decide process it. Still, the least misdemeanor mean a more streamlined” judicial resolution.
Despite the Government’s position on this issue, the Attorney General has sent a circular highlighting the errors that houses the new Penal Code, which comes into force on July 1. “There are reasons to suspect that the intention of the legislator was not to degrade these misdemeanors, for nothing is said about it in the Preamble. But the truth is that once promulgated and published the law, it comes to life and its immanent will and not the intention of its author which forms the new legal order and its objectives linked to mandates and the interpreter and applicator”.