Delito de ataque o resistencia y la proporcionalidad de la pena

Abstract

The proportionality of the penalty within the offense of Attack or Resistance Art. 283 COIP, is a subject of great social interest, because this is the type of illicit behavior in recent years has grown exorbitantly where at the moment in the that the judge issues condemnatory sentences does not exist a differentiation between the actions or results that This article is not related to the axioms, but also with the legal and doctrinal principles in which the penalty imposed by the state is mentioned, must be proportionality or equitable to the illicit act committed by an individual.

In the development of the present investigation, we will study and consequently an analysis will be made in reference to; principle of proportionality, and its application within the area of criminal law, as well as, the approach, the response, compliance with the law, the qualification of this crime and the penalty that will be imposed on the president.

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Both the international instruments and internal regulations, the accounts such as the Constitution and the Comprehensive Organic Penal Code for the handling of justification for fundamental rights, guaranteeing a process, a contradictory public hearing, as well as a sentence duly motivated and within this is a deprivation of liberty proportional to the illegal act against the government, without neglecting the social reintegration of a person in conflict with the law.