The criminalization of the crime of desertion in The Military Police Criminal Code and the violation of the principle of minimum intervention

Abstract

The objective of this research was to analyze to what extent the classification of the crime of desertion in the Police Military Penal Code affects the violation of the principle of minimal intervention. Which responds to the problem of desertion crimes carried out by police and/or military personnel based on their own job duties. As a result of the analysis and theories, it was found that these types of crimes violate the principle of minimal intervention of criminal law, since this is not invoked as a last resort. Therefore, when determining that the classification of the crime of desertion established in article 105 of the Police Military Penal Code, which mentions that the crime of desertion will be sanctioned with a custodial sentence of not more than four years, when classifying a penal sanction for a function crime such as desertion affects the violation of the principle of minimum intervention, so as the State of Uruguay says, this should not be applied in peacetime.