Análisis comparativo entre la suspensión condicional de la pena y la suspensión condicional del procedimiento

Abstract

Facing with the possible confusion that at the time of studying and applying these two procedural mechanisms in response to the principles of Opportunity and Minimal Penal Intervention may cause for law students, professionals and administrators of justice, is appropriate to make a detailed analysis of such mechanisms to establish a clear differences that will allow us to understand that the Procedure Conditional Suspension and the Penalty Conditional Suspension are two different legal procedures, the first one is applied before the end of criminal proceedings, the second one apply for a criminal when the trial has ended, as long as the possible beneficiary meets certain legal requirements. With the validity of the Integral Organic Penal Code within our legislation, the one that exists is the Penalty Conditional Suspension, and leaves the Procedure Conditional Suspension without validity witch was a procedural mechanism in the previous Code of Criminal Procedure. Even though the Penalty Conditional Suspension was poorly applied in our country, either by ignorance, indifference or a litigation culture. The Conditional Suspension of Penalty is a new and unfamiliar procedural mechanism, is important to understand how such a procedure works to apply it and not to relegate it as the Conditional Suspension of Procedure.