Modificaciones en la regulación del delito de giro fraudulento de cheque: Análisis desde la teoría de la sucesión de leyes

Until May 2002, the check issuance fraud felony was tried through a public penal action. On May 31^st, 2002, Law No 19.806 was published, substituting the check issuance fraud's penal action regime so that in most cases it is currently tried through a private action. This amendment originated the problem of determining if the new regime should or should not be applied to felonies that occurred before May 2002. Through a critical analysis of current opinions regarding the justification for in bonam partem penal retroactivity as well as an analysis regarding the possibility of extending this principle to penal procedure legislation amendments, the author proposes a solution to the problem, concluding that the legal amendment must also be applied to facts prior to the date the amendment came into force.