El Delito de Tenencia, Portación, Conducción Ilegal o Irresponsable de Armas de Fuego a partir de la reforma del mes de noviembre del año 2021

Abstract

Objective: To analyze the reform made by Legislative Decree 212 dated November 24, two thousand and twenty-one, published in the Official Gazette number: 226 dated November 26, two thousand and twenty-one, to article 346-B of the Penal Code in relation to the prison sentence, in light of the principle of criminal proportionality and harmfulness of the legal interest. Method: Through the descriptive and logical-inductive-logical method, a description of the constituent elements of the problem will be made, going through the evolution that the firearm crime has had, until reaching the current reform, from there it is described the problem based on how said reform may be within the parameters established by the Criminal Program of the Constitution, especially in light of the principle of criminal proportionality and harm to the legal right. Conclusion: It has been established that with the reform under study, constitutional principles have been violated at the time of its creation, which are part of the criminal program of the constitution, and that its penalty is disproportionate in relation to the behaviors that it is intended to punish, which has brought some problems in the application of criminal law