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AGGRAVATING FACTORS IN CRIMES COMMITTED BY TWO PEOPLE<sup>G</sup>ENERIC

Abstract:

This research contributes to the legal debate that seeks to establish the proportionality of the penalties in the application of generic aggravating circumstances in crimes involving two persons within the framework of the procedural principles and particularly the principle of legal certainty. In the conclusions it was determined that the modifying aggravating circumstan-ces, within the development of the process, are considered as accidental and secondary elements, which modify the punis-hable act, and unquestionably will be related to the penalty and its graduation at the time by the judge, because they serve as important inputs for the application of the corresponding penalty, and that it is his obligation to observe the procedural principles in a very punctual manner to ensure the proportionality of the penalties.