For the offense of conspiracy to commit a crime in Peru - Part II

In the brief commentary will try to answer the question.

I. Original text and validity of art. 317 of Penal Code 19911.1. Original Text .- The Criminal Code was enacted on April 3 and was published on 8 of the same month last year 1991Siendo original text and official release follows:

IlícitaARTICULO Association .- The 317 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 of not less than three nor more than six years . If the group is to commit the crimes of genocide, crimes against public security and peace, against the State and National defense or against the branches of government and constitutional order, the penalty shall be not less than eight years, one hundred eighty three hundred sixty-five days' fine and disqualification under Article 36 paragraphs 1.2 and 4. (1)

1.2. Effectiveness .- The text of the article above was in force from April 8, 1991 until October 5, 2004.

II. Changes in Sumilla2.1. The sommelier is only one kind of memory aid Penal Code Editors began to put on the top of the text of the article and the mess and inconsistency began during the term of original.Algunos text editors when publishing the Criminal Code correctly sommelier (very few) and recorded as sommelier, "Grouping unlawful" while the majority of editors in the same original text mistakenly began to drop as sommelier, "illicit association to commit crime." We reached this conclusion only by reviewing the different editions of the Penal Code from 1991 to date and found that the error is manifest not only in the sommelier but above all the time to identify the offense that contains the art. 317 of the Penal Code.

2.2. The sommelier is not part of the text of article.For argue that the sommelier is not part of the text of the article we seek the help of the Blast Reasons Penal Code Article 317 (2), just to see what was the mind of the legislator, Indeed the President of the Justice Commission Balvin Chamorro says: "Just to set the following clarification: When art. 317 refers to conspiracy in his sommelier does, but not in the text of the article. This means that no concept is part of the offense. What we do is part of the offense is the concept of clustering "

Mulder Bedoya complements Legislator member of the Commission revising the Criminal Code reads: "About the Art 317 referred to the illegal association with criminal intent has always been a debate over the name of the crime. Everyone has called this crime conspiracy to commit a crime, when in fact the text has never been said but it was grouping Association. "

In summary the offense contained in Article 317 of the Penal Code is "illegal grouping" and not "Conspiracy to commit crime."

III. Amendments to Article 317 of the Code penal3.1. Project Attorney General (3) Public Prosecutor representing the same Statement of Purpose Article 317 Penal Code appears prosecutors and project proposes to amend that article, however, that the legal concept of grouping is legislated considers it appropriate to incorporate the figure of organization, establishing clear differences between the criminal conspiracy and organization group for crime, if it were not so there is no reason to change it.

3.2. By law 28 355 issued on 6 October 2004, amended the original text of Article 317 of the criminal code: Article 317 Illicit Association "He that is part of an organization of two or more persons to commit crimes shall be punished by Being the only member of the same, with imprisonment for not less than three nor more than six años.Cuando the organization is to commit the crimes of genocide, crimes against public security and peace, against the State and defense or against the national branches of government and constitutional order, the penalty shall be not less than eight nor more than thirty-five years, one hundred and eighty to three hundred sixty-five day fines and disqualification under Article 36, paragraphs 1.2 and 4.. "

3.3. Effectiveness .- The text of Article 317 of the penal code was in force from above 6 October 2004 until 1 August 2007.

Note especially that the name of the offense (Nomen juris) has changed from "illegal grouping" containing the original text "Organization to commit a crime" in the amended text, however the Penal Code Editors continue to pour as sommelier to offend either group , organization, conspiracy and criminal association, despite that the latter name as a criminal type does not exist in the criminal law of Peru.

And misuse of the words wrong (verbs) group, organize and associate as if they were synonyms has caused confusion among the law. It is difficult to find in the judgments of the courts so lamentable confusion.

IV. SECOND AMENDMENT

4.1. Article 317 of the penal code undergoes a second change, this time by Legislative Decree No. 982 of July 22, 2007. Then transcribe the text as errata August 2, 2007

Section 317 conspiracy to commit a crime (4) "He who is part of an organization of two or more persons to commit crimes will be punished, by the mere fact of being a member of the same, with deprivation of liberty under three nor more than six años.Cuando the organization is to commit the crimes under Articles 152 to 153-A, 200, 273 279 °-D, 296 º to 298 º, 315 º, 317 º, 318 º • A, 319 º, 325 º to 333 º , 346 º to 350 º or the Law N º 27,765 (Penal Law against Money Laundering), the penalty shall be not less than eight nor more than fifteen years, one hundred and eighty to three hundred sixty-five day fines and disqualification under Article 36 paragraphs 1.2 and 4, winning also be the case, the ancillary consequences of Article 105 paragraph 2) and 4), whichever issue the corresponding precautionary measures to ensure that end. "

4.2. Validity: The text transcript is in force since 02 August 2007 to date.

In books, magazines and newspapers, much has been said regarding the crime of "illicit association to commit crime." Hence our interest to know and locate the original text and amendments thereto, and the arguments for the art. 317 of the Penal Code. The specialists in the field have the word to clarify whether the original or amended is provided for the said crime and punishable.