¿debe aplicarse la ley penal intermedia mas favorable?

Abstract

In both doctrine and jurisprudence it is asserted that, most of the time, intermediate criminal laws, i.e., those enacted after the perpetration but substituted by a third law before the sentence is passed, must be retroactively applied when they are more favorable, despite their not being current at the time of the decision. To affirm the above, the literal tenor of Subsection 2^nd, Article 18, of the Criminal Law is usually invoked, on the one hand; and, on the other, the idea that belatedness of legal procedures must not prove detrimental to the defendant. The author, after discussing the foundations for the retroactivity of favorable criminal laws which, in his opinion, are found in the so-called principle of proportionality in the ample sense or excessive ban, concludes that, against the overwhelmingly dominant thesis, the most benign interme­diate criminal laws should of be applied.