El interviniente y el artículo 30 del Código Penal

Abstract

In this document, which the author prepared at the request of the Constitutional Court, various reflections are made regarding the science of Criminal Dogmatics and its tasks; In this context, a study is made of the figure of the intervener provided for in the final paragraph of Article 30, paragraph 4 of the Penal Code. With these bases, the conditional declaration of conditionality of the provision is requested, but not for the reasons put forward by the plaintiffs –who request to declare the interpretation made by the Court of Criminal Cassation in repeated jurisprudence, as violating the principle, unenforceable. of equality– but for which one demands a due dogmatic construction of the current Criminal Law.