Dogmática jurídica: Diferencia Entre Autor y Coautor en la normativa Penal en Colombia

Abstract

The bibliographic review article Dogmática jurídica: Diferencia entre autor y coautor en la normativa penal en Colombia examines how the distinction between these roles impacts equity and justice in determining criminal liability. Through a comprehensive literature review, the concepts of authorship and co-authorship, as defined in the Colombian Penal Code, and their jurisprudential interpretation are analyzed. The research addresses the question: How do these categories influence the application of justice principles?, The study finds that the legal framework distinguishes the author, who directly commits the criminal act, from the co-author, who plays an essential role in executing the crime. However, this distinction can result in unequal sentencing, as individual contributions to the offense are not always assessed fairly. By analyzing relevant cases and legal doctrines, the article demonstrates that rigid judicial interpretations can undermine principles such as proportionality and equality before the law, The study emphasizes the need for a flexible interpretative approach to accurately assess each individual's level of participation in the crime. This would ensure a more equitable application of criminal justice, reducing disparities in the assignment of responsibility.