Abstract
In the current regulatory law of drug-related activities in El Salvador, henceforth “LERARD”, are provide as a crime “[T]he preparatory acts to commit any of the offenses in this law, the proposal, [and], conspiracy for the same purpose”, which translates into the punishability of preparatory acts in crimes of abstract risk such as Illicit Trafficking (Article 33), Promotion and (Article 35), Media Facilitation (Article 36), Exhibition (Article 46), among others of abstract risk. If we admit that the abstract risk crimes involver only a potential (in many cases non-existent) endgarment of the llegaly-protected rights and its related preparatory acts are further away from the lesivity, would the punishability of preparatory acts, proposition, conspiracy and criminal associations according to the article 52 (or the previous article 59) or LERARD be considered compatible with the principle of lesivity? What efforts can be made from the judicial practice to make it compatible with the principle of lesivity? Or where aproppiate, what lege ferenda proposals can be formulated?
Keywords: Abstract risk, legally protected rights, lesivity, preparatory acts, criminal associations, material unlawfulness