La proporcionalidad de la pena en los delitos de robo

Abstract

The branch of Criminal Law is in charge of regulating the relations between citizens of a State, for this the need to typify and punish the crimes that are committed, crimes that have been changing over the years, however, the crime of theft has its antecedents rooted in society since Roman times, but has been changing in fact in law, which is why it is now necessary the implementation of principles such as proportionality to punish, From the above mentioned, a basic problem was formulated and from that a general objective determined as "To analyze the scope of the sentence in the trial of the crime of petty theft by applying the principle ofproportionality", subdivided into three specific objects To observe the application of the principleof proportionality in the crime of theft based on jurisprudence, doctrine and regulations; To studythe first level sentence, for the crime of petty theft and the application of the principle of proportionality; and, To determine how petty theft crimes are punished, considering aggravating or mitigating factors; which were developed throughout the first chapter of this work, in the following points; historical background of the crime of theft, conceptual background, as a crime of theft, types, classification, qualification, principle of proportionality, contextual background ofthe case analyzed and finally the legal framework; in the second chapter is the methodology composed by the type of research, theoretical and empirical methods, such as inductive-deductive, analytical-synthetic, exegetical, interview and bibliography; in the third chapter is the result of the research. In the fourth chapter, called the discussion of the results of the research; finally it is concluded and recommended based on the interviews and specific objectives.