Las multas del Código Orgánico Integral penal y la proporcionalidad

Abstract

The Dictionary of the Spanish Language (2022), states that the fine is the "administrative or criminal sanction that consists of the obligation to pay a certain amount of money" in this sense, the fine is a pecuniary punishment that consists of the obligation to make financial compensation for the commission of a crime in Criminal Law or as a way to sanction a breach in the administrative field. The writer Eugenio Zaffaroni, in his work on Criminal Law, states that proportionality is“The principle of rationality can be assimilated to that of punitive proportionality since it is considered undermined at the time of imputing penalties that do not turn out to be in accordance with the unjust caused by the commission of a crime, which must be inexorably considered in order not to injure further the principle of humanity through the imputation of irrational penalties”. (2005, p. 325).In the present research work is of great interest and of great importance because it will be carried out due to the need to find a legal technical analysis on the proportionality of the fines that are established in Art. 70, of the Comprehensive Criminal Organic Code. Unfortunately, despite the fact that it was a good idea to have fines that are onerous for the environment in which we live, they have been very complicated to enforce on the part of the sentenced person, especially in crimes whose sentences have a sentence of ten to thirteen years. While, when speaking of proportionality, this goes much further, because it is the ability of both the Assembly member and the executive and judicial authorities to be able to act using weighting when establishing each of the penalties fee.