¿Existe el principio de la ley especial deroga la ley general en materia penal? La confusión de un sector de la doctrina penalista respecto del principio de especialidad

Abstract

The application of the of the old principle: lex specialis derogat legi generali is hereby criticly analyzed; in this regard, it is necessary to know the abovementioned principle´s basis, content and legal framework as well as how the principle has been understood and applied in the criminal law context. This article focuses specially on the criminal laws of Mexico, whose article 6 of the Federal Criminal Code, states the principle of specialty, which is a paradigmatic example of a concept that may by confused by many. The main issue is that the understanding of the principle lex specialis derogat legi generali by the attorneys collides with the understanding of the same principle by the researchers. In other words, the principle lex specialis derogat legi generali has a concrete meaning in civil law while in criminal law such principle is confused with the principle of specialty.