Definition of Penal Code

A Code criminal law is a compilation of legal norms, collected in an orderly and systematic manner, which allow know to the citizens what acts are classified as crimes, and to the judges to establish the sanctions corresponding to the commission of any of the acts specified therein.

Application of penalties

The Criminal Code establishes different levels in the app of penalties depending on the level of severity of the conduct. Thus, there are acts classified as minor crimes and serious crimes, and according to said classification and the specific act that has taken place, the Penal Code establishes different ranges of penalties.

This is so because the magistrate cannot limit himself to making a interpretation literal of the penal code, but, in its estimation of the penalty, it must take into account the possible mitigating or aggravating circumstances that exist, and based on them, establish the punishment that just.

In general, what the criminal code establishes as misdemeanors or minor offenses usually carries financial penalties, while imprisonment is usually limited to the commission of serious crimes.

Modifications of the penal code

Although most of the behaviors considered criminal are included in the main criminal codes around the world, the Criminal Code is not a text immutable, but requires modifications from time to time.

These changes can be made to toughen penalties in those crimes in which it is considered that the current ones do not offer a sufficient deterrent character, to make them lighter, when it is believed that the punishment applied to a certain conduct it is objectively excessive in relation to the seriousness of the act, or to adapt to the appearance of new behaviors that may be considered criminal.

Thus, for example, the appearance of new technologies and their presence in everyday life, has led to the appearance of new types of crimes that it was impossible that they were included in the Penal Code previously due to the inexistence of the technology that makes them possible.

In such a way, it can be considered that the Penal Code is a living entity that feeds off the events that occur in the Company. Legislators are therefore in the obligation to remain attentive to new problems and challenges that arise in society and to enact laws that regulate new behaviors that may involve a threat for this.

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