Asociación ilícita cometida en delitos de robo frente a la proporcionalidad de la pena.

Abstract

This study focuses on examining how the penalty established for the crime of illic it association does not have an equitable relationship with the penalties established for offenses such as robbery. Due to the lack of specificity in the definition of the crime of illic it association, the sanctions applied are too broad, resulting in a lack of proportionality and a lack of adaptation to the individual roles of the participants in said crime. In the context of theft and robbery crimes, there are failures in the legal structure that fail to effectivel y address the specific intentions behind the offenses, and the penalties imposed are not always proportional to the seriousness of the facts. This research was carried out using a qualitat ive and descriptive approach, applying analytical-synthetic and inductive-deductive methods. Bibliographic and documentary material was used as an instrument to contrast theoretica l information with social reality. The academic contribution of this research lies in a legal analysis that seeks to achieve a more equitable application of sanctions in relation to the seriousness of the crimes, especially in the context of illicit association and organized crime.