{"id":8665,"date":"2024-08-06T15:49:46","date_gmt":"2024-08-06T13:49:46","guid":{"rendered":"https:\/\/www.mercuryabogados.com\/en\/?p=8665"},"modified":"2024-09-05T15:08:30","modified_gmt":"2024-09-05T13:08:30","slug":"the-criminal-conformity","status":"publish","type":"post","link":"https:\/\/www.mercuryabogados.com\/en\/the-criminal-conformity\/","title":{"rendered":"The sentence of conformity"},"content":{"rendered":"
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Criminal conformity <\/u><\/span><\/h3>\n

Criminal conformity<\/strong> or \u201csentencia de conformidad<\/strong>\u201d is a judicial mechanism that allows the criminal procedure to be terminated prematurely<\/strong>, without the need for an oral trial to be held at Court<\/strong>.<\/span><\/p>\n

This resolution enables the parties to reach an agreement that contemplates a reduction in the sentence<\/strong> (1\/3), in exchange for the accused recognizing the criminal acts<\/strong> and admitting to be guilty, in order to avoid carrying out the oral trial at Court<\/strong>.<\/span><\/p>\n

One of the most discussed doctrinal debates is about if criminal conformity<\/strong> can be equivalent to the acquiescence of civil law, but the truth is that the criminal process<\/strong> is governed by the principle of legality and the parties are not owners of the litigation (object of the process). Nevertheless, The Supreme Court settles all discussion under the sentence 1051\/1990 of June 17 1991, where was disposed that: \u201cCriminal conformity<\/strong> is an institution able to finish the criminal process<\/strong> based on utilitarian reasons or procedural economy, avoiding the realization of the oral trial<\/strong> act, and consequently taking of evidence aimed at demonstrating the guilt of the accused act<\/strong>. This has always been understood by doctrine and jurisprudence, which does not reach an exact comparison between both modalities of termination process, allowing, in the case of conformity in the criminal process<\/strong>, a sentence considered fair to be issued.<\/span><\/p><\/div>\n<\/div><\/div>

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Criminal conformity<\/strong> as a judicial mechanism cannot be incorporated in all different types of criminal process<\/strong>, only in criminal process<\/strong> where requested sentence is not more than 6 years of prison<\/strong> or is a correctional penalty<\/strong>. Criminal conformity<\/em> is also applicable to abbreviated criminal process<\/strong>, summary criminal process<\/strong> and trials by the jury court<\/strong>.<\/span><\/p>\n

It\u2019s really important to know about criminal conformity<\/strong> does not always lead the suspension of sentence<\/strong>, which is only possible if the sentence does not exceed 2 years in prison<\/strong> and always under condition that the convicted person does not commit any crime during the suspension time<\/strong>.<\/span><\/p>\n\n

Suspension of execution sentence <\/u><\/span><\/h2>\n

The suspension of execution sentence<\/strong> is regulated in accordance with article 80 of the Penal Code<\/strong>, in this way:<\/span><\/p>\n

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