Penalidad del delito continuado Costa Rica
Penalidad del delito continuado
Nuestro Código Penal, en el artículo 77, establece que: Cuando los delitos en concurso fueren de la misma especie y afecten bienes jurídicos patrimoniales, siempre que el agente persiga una misma finalidad, se aplicará la pena
prevista para el más grave, aumentada hasta en otro tanto.
Esta figura se introduce, como señalamos, a manera de un correctivo que excepciona la aplicación de las reglas del concurso real, en relación con delitos que afecten bienes jurídicos patrimoniales. No se comprende la razón por la cual el legislador lo restringió al ámbito de este tipo de afectaciones, pues bien puede presentarse la reiteración en otro
tipo de hechos. Parece que lo prudente sería excluirlo solo de la afectación de bienes
jurídicos personalísimos.
De conformidad con el artículo citado, los delitos en concurso deben ser de la misma especie, es decir, se trata de aquellos que afectan bienes jurídicos patrimoniales, pero que bien pueden encajar en distintas disposiciones legales.
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