The applicability of the aggravating fact of the use or carrying of weapons in robbery or the crime of intimidation comments of a decision

Abstract

The present work analyses, from a critical standpoint, a judgement in which an aggravating circumstance, criminal liability for possession or carrying of weapons, was applied to the parties declared guilty for robbery with violence. by examining the historical evolution of the regulation of this aggravating circumstance and the basis of its existence, the author came to the conclusion that it is not admissible to apply it when the possession or the carrying of weapons is what allows that the fact be qualified as robbery; if it was applied in these cases, the prohibition of double jeopardy, based on the non bis in idem principle, would be infringed. Hence, the author asserts that a legal error was incurred in this specific judgement.