For the offense of conspiracy to commit a crime

"In the Penal Laws in Peru there is the crime of

Conspiracy to commit a crime "

In a democratic state, exercising my freedom of opinion and covered in Art Inc. 20. 139 of the Constitution and in my capacity as a law student, I am in a confusion regarding the Plenum No. 4-2006-CJ-1166 of the Supreme Court of the Republic, plenary jurisdiction of the Criminal Chambers Permanent and Temporary .

My confusion stems mainly from the following:

While the agencies, jurisdictions, be it criminal judges, criminal divisions of Supreme Courts and Criminal Chambers of the Supreme Court called the crime defined and penalized by Article 317 of the C. Penal - Association for crime-llicta this Juris Nomen have opened in numerous judicial criminal proceedings have been processed to many people, many tried and sentenced to imprisonment.

For further illustration art transcribed below. 317 of the penal code, the original text in force since April 8, 1991 until 5 October 2004:

Conspiracy

"Article 317 .- That is part of a group of two or more persons to commit crimes will be punished, by the mere fact of being a member of the group, with imprisonment for not less than three nor more than six years. "

"..."

Jump at first glance that the governing verb is to group, making it the criminal is to commit a crime group and not "conspiracy to commit a crime" as it appears on the agreement of the Whole. Is criminality would be wrong?

Criminal doctrine teaches that the existence of any crime must necessarily attend the following essential elements: action, characteristic unlawful, guilty and punishable. Just the inconcurrencia one of them, it makes nonexistent crime. So what happens when evil is dealt with crime?

The questions do not wait:

Is there a typing error in the Plenum mentioned at the beginning? Is the art. 317 of the Criminal Code contains transcribed offense of conspiracy to commit a crime or group to commit a crime?

Do the words association, grouping and organization can be used interchangeably as synonyms or different concepts?

What allowed the Peru report, investigate, prosecute and convict of a "crime" that is not under criminal law?

The process is essentially legalistic Criminal, Criminal Code Article II TP is to substantiate the legality principle and states:

"No one shall be punished for an act not provided as a crime"

Our Law of Law (Constitution) in § 2 inc. 24 Paragraph d) provides:

"No one shall be tried or convicted for any act or omission that was committed while not previously qualified in the law expressly and unequivocally as a punishable offense and liable to a penalty not provided for by law."

If the Constitution establishes that the offense must be qualified in the Act expressly and unequivocally as a punishable offense Why so many mistakes?

Now let's look precisely the Statement of Reasons of art. 317 of the Penal Code, in its most important parts Mulder Bedoya lawmaker says the following: About the Art 317 referred to the illegal association with criminal intent: "It has always been a debate over the name of the crime. Everyone has called this criminal conspiracy to commit a crime, when in fact the text has never been said but it was Association group. The difference between the two concepts leads to confusion reigned at the time of application of the relevant article. "

Mr. Chamorro (president of the commission informant) reads as follows:

"Just to set the following clarification: When art. 317 refers to conspiracy in his sommelier does, but not in the text of the article. That is to say that concept is not part of the offense. What if part of the type is the concept of criminal group "

Finally, in his speech Hildebrandt Pérez Trevieño lawmaker says the following:

"A purpose of clarification or disquisition are doing Congressman Mulder on group or association, I have long been a question that is rather a linguistic: Why conspiracy group or as if grouping or lawful associations to commit crimes. In this case the word illegal is worth: A conspiracy is, by definition unlawful Why the redundancy? "

According to the preamble to the crime that contains the art. 317 of the penal code would group to commit a crime, but the subject of the commentary Whole Agreement recorded as offense Conspiracy to commit crimes.

The specialists in the field have the word to elucidate this unfortunate confusion in which I find just as many students and the general public.

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