Penal Code : Anyone who drives a motor vehicle

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Moped at a speed greater than sixty kilometers per hour on urban roads or eighty kilometers per hour on interurban roads than that permitted by regulation... Well, in the case of blank criminal laws, changes in the content of those provisions to which the criminal laws refer must be taken into account when applying the principle of non-retroactivity. In the example cited, relating to the crime of speeding , if the maximum speed allowed for a type of interurban road were reduced, in no case could this crime be applied to a driver who exceeded that new speed by at least 80 kilometers per hour. maximum on a date prior to the entry into force of the new standard. The exception to the principle of retroactivity of the most favorable criminal law There is an important exception to the principle of non-retroactivity of criminal laws, which consists of the principle of retroactivity of the most favorable criminal law.

According to this principle, criminal laws that are favorable to the inmate will have retroactive effect , even when a final sentence has been issued against them and they are serving their sentence. The principle of retroactivity of the most favorable criminal law is based  When only one or two aggravating circumstances occur,  stablished by law DM Databases for the crime. Abuse of trust as a specific aggravating circumstance Although the Penal Code includes abuse of trust as an aggravating circumstance of any crime, it may also be the case that a crime already includes this circumstance as a specific aggravating circumstance. In that case, the aggravating circumstance of abuse of trust cannot be applied again , as it is already an element of the criminal offense. For example, article 189.2 includes the aggravated type of the crime of corruption of minors, aggravating the penalty in certain cases.



One of them: When the person responsible is an ascendant, guardian, curator, custodian, teacher or any other person in charge, in fact, even provisionally, or by law, of the minor or person with a disability in need of special protection, or whether it is any person who lives with him or another person who has acted in abuse of his recognized position of trust or authority. The aggravated crime of corruption of minors carries a prison sentence of 5 to 9 years, compared to the basic type's prison sentence of 1 to 5 years. Thus, the penalty has already been aggravated and cannot be aggravated again for breach of trust.The prohibition of approaching the victim, or those of his family or other people determined by the judge or court, prevents the convicted person from approaching them, wherever they are, as well as from approaching their home, their places of residence. work and any other that is frequented by them, being suspended, with respect to the children, the regime of visits, communication and stay that, where appropriate, had been recognized in a civil sentence until the complete fulfillment of this sentence.