La prohibición de acudir al “ciberlugar” de comisión del delitoAlgunas consideraciones sobre la sts 547/2022

Resumo

This paper studies the Judgment no. 547/2022, of the Criminal Chamber of the Supreme Court. This resolution analyzed for the first time the possibility of adopting a ban on going to a virtual place as an accessory penalty. The Judgment understands that within the term "place" of art. 48 CP is applicable in the cyberspace, which is why it imposes said penalty on a well-known youtuber. The particular vote of the resolution opposes said understanding, based on the principle of legality of the penalties and the spirit and purpose of said accessory penalty. In this commentary we adhere to the meaning of this particular opinion and point out some dysfunctions of the majority ruling.