In the brief commentary we will try to give answer to the question. I. original Text and use of Art. 317 of penal code of 1991 1.1. Original text. – The Penal Code I promulgate the 3 of April and I publish the 8 of the same month of year 1991 Being its original text and official edition the following one: Illicit grouping ARTICLE 317. – The one that comprises of a grouping of two or more people destined to commit crimes will be repressed, by only done, of being member of the grouping, with privative pain of nonsmaller of nor greater three freedom of six years.
When the grouping this destining to commit the genocide crimes, against the public security and tranquillity, the State and the national defense or the Powers of the State and the Constitutional order, the pain is nonsmaller of eight years, of one hundred eighty to three hundred sesenticinco day-fine and incapacitation according to the article 36 interjections 1.2 and 4. (1) 1.2. Use. – The text of the article that it precedes was effective from the 8 of April of 1991 to the 5 of October of year 2004. II.
Changes in Sumilla 2.1. Sumilla is not more than a species of aid memory that the Publishers of Penal Code began to place in the part superior of the text of the article and all this disorder and incongruity beginning during the use of the original text. Some publishers when publishing the Penal Code sumillaban correctly (very few) and briefed like sumilla- " Grouping ilcita" whereas the majority of publishers in the same original text wrongly began to place like sumilla- " Illicit association for delinquir". We only reach this conclusion reviewing different editions from the Penal Code, from 1991 to date and verified that the error is manifest not only in sumilla but mainly to the time to identify the penal type that contains Art.