Violación de los principios de legalidad y de territorialidad e inseguridad jurídica a la luz el artículo 382 del Código Penal Colombiano

Abstract

Through this article, the reader is shown the development of the investigation carried out on the violation of the principles of legality and territoriality of the Penal Law in the light of the blank penal type characteristic of TRAFFICKING OF SUBSTANCES FOR THE PROCESSING OF NARCOTICS, which is dealt with in article 382 of the Colombian Penal Code and the legal insecurity that is generated, Since the norm of remission to complement its typical adequacy, which for the case sub examines, is the concepts of the National Council of Narcotics, especially Resolution 0009 of 2009, regulates the chemicals used for the production of narcotics by department but discriminates some where the control is complete and others where the control is partial as in the case of Valle del Cauca; Thus, it is evident that the municipality of Santiago de Cali is excluded from said resolution and in that sense products prohibited in the lower norm can be acquired, however, just because a person crosses a geographical limit, such as transiting from Cali to Dagua by way of example with Ammonium Sulfate, makes that person a criminal, being a substance that is used in that municipality to fertilize pineapple crops. This is conceivable in confederate countries where each state has its own rules, but Colombia is a centralized country in terms of its punitive law and therefore it is something that should be carefully analyzed.