What effect does the mitigating circumstance of confession have on the senten...

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Article 66 of the Penal Code regulates the rules for applying sentences in the event of aggravating or mitigating circumstances, and establishes that, in the event of only one attenuating circumstance, judges and courts will apply the sentence in the lower half. than what the law establishes for the crime. On the other hand, if two or more mitigating circumstances occur , or one or more highly qualified ones, but no aggravating circumstance occurs, the penalty will be applied one or two degrees lower than that established by law, taking into account the number and nature of said circumstances. extenuating circumstances. In the event that mitigating and aggravating circumstances occur at the same time, the rest of the applicable rules established in the article must be followed.e discussion that existed about the interruption of the prescription prior to the 2015 reform, is to prevent the limitation period from being revived by the mere presentation of a complaint or complaint without foundation.

Are the prescription of the crime and the prescription of the penalty the same? No, the prescription of the crime refers to the period during which the commission of the crime can be prosecuted from the moment there is knowledge of its commission. The prescription of the sentence, on the other hand, refers to the time during which compliance with the sentence imposed in a final sentence can be demanded, if it has not DM Databases been fulfilled. Article 133 is the one that establishes the limitation periods for sentences imposed in a final sentence, contemplating a period of one year for light sentences, and will begin to be counted from the date on which the sentence becomes final. However, the period of prescription of the sentence will be suspended during the period of execution of the sentence, and during the fulfillment of other sentences imposed on the convicted person that cannot be served simultaneously.



How can the statute of limitations for a minor crime be enforced? The circumstance of the statute of limitations of the crime must be assessed ex officio by the courts , without the need for the affected person to allege it, although he or she may also invoke it at any time during the procedure. However, the prescription should be applied ex officio, and this is stated in repeated jurisprudence of the Supreme Court, appealing to the principle of public order. The assessment of the prescription, ex officio or by invocation of the interested party, can operate at any procedural moment, as long as the sentence has not become final. Once it becomes final, the possibility of claiming the prescription of the crime disappears and, in its place, the period for the prescription of the sentence begins to count. even if it has already begun. What the article demands is that he does not know him . This represents an obvious complication, since it is a very difficult circumstance to prove.