Temporary Application of Criminal Law, Validity and Effectiveness in Aggressions to the State

Abstract

The article aims to study and analyze the scope of application of the law in criminal matters, this is one of the four effects of criminal law, in addition, it is projected in space, in time, in people and in the matter. “Temporality refers to time, and when the temporal is related to the law it is synonymous with validity” (Rosillo, 2017, page 12). One of the main reasons for proceeding with this investigation is to provide accurate information about the validity and effectiveness of the temporary application of the criminal law, especially to knowledgeable professionals, for this purpose different research methods will be used that will allow analyze and collect information regarding the subject. Regarding the temporal scope of the criminal law we find that the succession of criminal laws poses some problems in terms of its temporary effectiveness, one of which is that of temporary laws that are issued for a specific period or situation, automatically loses or by right its validity. But, what happens when this law is applied; if in criminal matters it is attributed to punishable acts that take place only after its validity, one of the errors committed is to apply the principle of retroactivity of the criminal law more favorable to the accused. Theme that will later be extended and will show the reasons that affect to commit this type of errors. In addition, Article 16 Title V of the Comprehensive Criminal Organic Code, referring to the scope of temporary application, will be interpreted in a clear and concise manner, achieving greater understanding of when, to whom and at what time it should be applied.

KEYWORDS: law, temporality, efficacy, validity, effectiveness of the law, infringement, principle of legality.

JEL CODE: D61, K14