The Penal Code of2000, in the paragraph second ofthe article 21, inserted a juridical figure which was nonexistent in our country until then: the failed or spoiled desisting in its inappropriate modality. Such law has given rise to all type of discussions about its interpretation, even maintaining that in it got establish the voluntary and effective desisting or the simply traditional one. But both figures are completely different, therefore, they need a different regulation in the punitive field. This article establish the difference between this both institutions around of which offers a possible interpretation of the article 27 of the Penal Code, one that includes at the same time the traditional desisting and the failed proper or improper desisting, proposing in any case that should be the legislator who makes the respective corrections.