Vulneración del principio de inocencia por la revocatoria de suspensión condicional de la pena por una nueva instrucción fiscal

Abstract

This project has extensive knowledge on a number of topics of interest, such as the conditional suspension of the sentence, its revocation, tax instruction and more, in which it is explained that the conditional suspension of the sentence, can be given at the hearing and up to 3 days as expressed in article 630 of the Comprehensive Criminal Organic Code In addition, the conditional suspension of the sentence has several conditions under which the beneficiary must comply, so if he fails to comply with at least one of it, this benefit will be revoked and he will not be able to reapply, in case the offender came to commit a crime involving a new sanction. Within the tax instruction, this is requested by the prosecutor in charge of that crime, and which is carried out since one of the parties considers that all the elements of conviction necessary to be able to go to the hearing are found, although the prosecutor must assess whether it is relevant or not, but there are times when tax instruction is not always to be gained since in many cases it can be found that the prosecutor makes an abstaining opinion against the person who has been charged with it, or with the judge determining that the evidence presented is not blunt to imput that person who is being processed. Based on a matter of real interest, we find that the person who is revoked for the conditional suspension of the sentence was initiated a new tax investigation for the same crime, as his card is located in the raided property, but this did not corroborate that that person has participated in the fact so the judge did not find her guilty , then in this fact because the benefit was revoked, this issue is too complex since if the typification of the article is not corrected many people will not be able to enjoy this benefit or worse, that the benefit is revoked since the wording of the article is not adequately found. Another issue within this project is the intrigue it generates, why it is revoked without the possibility of re-obtaining the benefit of the conditional suspension of the penalty in the case of numeral 10 of article 631 of the same legal body, since it speaks that a new tax instruction is not launched against the beneficiary , making a little sense, the instruction does not determine the culpability of a crime, so why revoke, it is an extensive issue in the applicability of the right since there are several principles that are violated and manifest the following: the principle of innocence, is clearly violated since the tax instruction initiated revokes a benefit that is not possible to re-obtain and loses all the advantages it had or could have obtained being applied suspend the penalty.