ANALYSIS OF PUNISHABILITY OF UNFINISHED TENTATIVE BY EXTERNAL INTERRUPTION IN THE CRIME OF THEFT WITH THE USE OF AN APPARENT WEAPON

Abstract

This article analyzes the punishability of unfinished attempts due to external interruption in the crime of aggravated robbery with the use of an apparent weapon. It examines the role of violence as a key element in understanding the autonomy between robbery and theft, as well as the impact of using an apparent weapon on the victim's reaction capacity. It distinguishes between preparatory and executive acts in the iter criminis of robbery and establishes punishable acts within the attempt. The punishability of an aggravated robbery in unfinished attempt with an apparent weapon is questioned, arguing against considering punishable an attempt where the weapon does not pose a real danger to life and the theft is not completed.