Especialización en Derecho Penal

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Adaptación normativa frente a los delitos informáticos en Colombia
(Universidad Santiago de Cali, 2020) Mosquera Bonilla, Karlin Adriana; Giraldo Ángel, Laura Andrea
There is no doubt that the advancement of technology has made a positive foray into Colombian society because it has brought us closer to other parts of the world, it also allows us to optimize time, avoiding long lines or leaving our homes to carry out certain transactions. But if this issue is carefully considered, it can be seen that reprehensible behaviors have 4 arisen by our criminal legal system, same that often go unpunished due to the ease with which the actors have to cover up their illegal maneuvers behind a computer. Cyber criminals have found an easy way to execute illegal behavior, scams, thefts, personal data breaches, sexual crimes and others. It should be noted that with the current situation in the country, due to the disease known as Covid-19, which forced the Colombian population to remain in mandatory confinement, the commission of this type of crime has increased. It has been necessary to carry out banking transactions from our homes, which has facilitated the registration of some sensitive data on the network that facilitates the illegal actions of unscrupulous people. Our criminal legal order from time ago saw the need to typify this type of behavior. It created a regulatory framework aimed primarily at protecting information, data, but also seeks to sanction those who use technologies to commit crimes. These considerations support my proposal to inquire into the legislation implemented by Colombia against computer crimes has been sufficient to protect those who browse through a technological means
Alcoholemia que puede generar inimputabilidad al conducir vehículos bajo el estado de embriaguez
(Universidad Santiago de Cali, 2020) García Ibarra, Charly Gabriel; Giraldo Ángel, Laura Andrea
The circulation of motor vehicles proposes new challenges to criminal law, which, according to the punitive trends so common today, is presented to Colombian public opinion, by the media and legislators, as the only possible solution to counteract the high rates of dead and injured produced, in particular, by drunk drivers. However, the creation of new crimes or the tightening of existing penalties can hardly contribute to the reduction of these figures; The role of criminal law for this purpose is limited and criminal policy is only one of the public policies aimed at improving road safety, which, by the way, is far from being the most effective in this area. Drunk driving is causing damage to the physical integrity of drivers, passengers and third parties linked in traffic accidents, a situation that demands timely action by the authorities in this matter. In December 2013, the Colombian State issued 4 Law 1696, through which criminal and administrative provisions were issued to sanction driving under the influence of alcohol or other psychoactive substances, such as the development of preventive, control and prosecution actions to Violators The partial impact of this standard was studied during the first semesters of the 2010-2013 and 2014 periods, taking into account the time-place-mode variables, and they were described from the control theory and research on it.
Análisis al manejo jurídico y jurisprudencial que se le ha dado al cambio de imputación de homicidio culposo a dolo eventual por homicidios en accidentes de tránsito en Colombia
(Universidad Santiago de Cali, 2018) Blandón Muñoz, Diana Marcela
Drivers who cause traffic accidents in a state of intoxication, they threaten the life and property of others. In the country, in recent years, some judges have decided to accept the arguments of the Office of the Prosecutor regarding the imputation of crime for eventual fraud and not for fault with representation as had been done in cases in which a homicide occurs. The eventual fraud, in what refers to evidence, is difficult to demonstrate, since it is the will and knowledge of the drunk driver, since the person is aware that it can cause harm to himself and others. However, he decides to drive in a state of alchoration, leaving what happens to chance. The jurisprudence of courts and the Supreme Court of Justice, in recent years, have treated the issue and have used the figure of eventual fraud in cases of homicide caused in traffic accidents and have given relevance to a subject that has followers, but also detractors.
Análisis de la evolución histórico-legal de la casación en materia penal dentro del ordenamiento jurídico colombiano a partir de la carta política de 1991
(Universidad Santiago de Cali, 2019) Escobar Díaz, Cristina Marcela; Giraldo Ángel, Laura Andrea
Análisis de la reincidencia por delitos menores en el periodo comprendido entre enero y diciembre del año 2016 en algunos municipios situados en el Valle del Cauca-Colombia
(Universidad Santiago de Cali, 2017) Guevara Correa, Gloria Ximena; Valencia Moreno, Dario
The crime every day comes in different forms. One of them that greatly affects the Colombian citizen, is the theft for minor crimes. Misdemeanors include petty thefts, such as cell phones (whether for rapoon, blitz or fire), curtains, pencil cases, motorcycles, bicycles, cash (amounts of $ 20,000, $ 800,000, etc.). ), briefcases, rainwater drainage grid, frying pans, pots, handicraft fabrics, drill, hammer, notebooks, fancy rings, light bulbs, metal staircase, box of chocolates, wooden box, teddy bear, sweaters, hose, safety camera, motorcycle rear view mirror, iron, copper and bronze elements, iron trusses and warnings, pint of aguardiente, advil medicine, hens, extinguisher, television, gold chain, Tablet, car antenna, among others. And many of these people who commit this type of offense become repeat offenders, since for the amount usually they are not detained for more than a few hours and return to the streets again to commit minor crimes but that affect citizen security. Some of the municipalities of Valle del Cauca are not unrelated to this problem, although people have become reluctant to place the complaint because they believe that nothing happens and the offender soon returns to perform their misdeeds.
Análisis de ley 1709 de 2014 frente a la descongestión penitenciaria y carcelaria en Colombia
(Universidad Santiago de Cali, 2016) Manrique López, Luisa Fernanda; Tello Benitez, Raimundo Antonio
Análisis de los fundamentos jurídicos del porte y fabricación ilegal de armas en Colombia
(Universidad Santiago de Cali, 2017) Ospina González, Alexander; Valencia Moreno, Dario
Análisis doctrinal de la política criminal del narcotráfico y su influencia en Colombia mediante las novelas sobre narcotráfico: apología del narcotráfico
(Universidad Santiago de Cali, 2020) Mosquera Benítez, Vladimir; Giraldo Ángel, Laura Andrea
This article aims to raise awareness of the doctrinal scope of the criminal policy of drug trafficking and its influence in Colombia: Apology of drug trafficking, for this purpose some authors who reference and reference to the subject, the apology of drug trafficking, understood and analyzed in the context of the influence of the transmission of novels referring to drug trafficking as part of the history of Colombia, within the criminal behavior of the authors of said conduct, which will be addressed in this document
Análisis jurídico de la despenalización del consumo de dosis mínima en Colombia
(Universidad Santiago de Cali, 2020) Jaramillo Hincapié, Andrés Camilo; Giraldo Ángel, Laura Andrea
In Colombia, the minimum dose or personal dose of drug is that which a person carries or conserves for their own consumption, according to what is established in the jurisdiction in law 30/1986, in its article 2, numeral j; but Colombian jurisprudence presents a great void in the matter of the minimum dose of drug consumption, since there are no clear criteria to establish whether a person who carries more than the minimum dose, really needs it for personal consumption or is for their commercialization, which is a matter of debate in the country, because there are no elements of judgment in which public officials, national police can rely to establish whether a citizen who carries more than the minimum dose, really needs that amount for his personal consumption or for its commercialization, which has been counterproductive, since traffickers can benefit in this legal vacuum to commit the crime of commercialization and sale of narcotic drugs. Therefore, through different laws and decrees, the possession and consumption of narcotics have been decriminalized, as well as consumer sanctions have been prohibited and imposed, violating the right to free development of personality, the autonomy of the individual, taking away their ethical condition and objectifying it.
Análisis jurisprudencial de la legítima defensa frente al miedo insuperable como eximientes de responsabilidad penal en Colombia
(Universidad Santiago de Cali, 2016) Corrales Jiménez, Jenny Marcela; Guerrero Moreno, Álvaro Alfonso
This research aims to analyze the legal evolution of self-defense against insurmountable fear and lack of accountability, the different positions of the Supreme Court of Justice Criminal Division and some writers who develop the concepts of self-defense and the generality of insurmountable fear as the state of human being psychic and physical that can lead to take certain decisions affecting transcendentes a legal right, but trying to safeguard personal one or alien. This phenomenon has to be studied from a psychological point of view and from a legal point of view , technically leave help clarify this legal aspect that has generated many questions. Keywords: criminal law, self-defense, insuperable fear, jurisprudential analysis , lack of accountability
Aplicabilidad del interés superior del niño como mecanismo para proteger la unidad familiar al momento de fallar detención o reclusión domiciliaria de los padres y madres cabeza de hogar en Colombia
(Universidad Santiago de Cali, 2020) Sáenz Beltrán, Miguel Antonio; Giraldo Ángel, Laura Andrea
He best interests of the child contained in the International Convention on the Rights of the Child, place above the laws, the justice that entails the need to maintain family unity as the fundamental nucleus of society. In the cases of crimes committed by the mother or the father of the family, in Colombia, according to the regulations, the nature and conditions of the crime are analyzed, prevailing the rights of children to remain with their parents, for which there is detention or house prison that is ruled by the judges. However, when its applicability is not effective, the best interests of the child would be violated, affecting its normal development and integration into society under conditions of principles, values and discipline that come from the parents' teaching. In this sense, the present investigation has as objective to determine the applicability of the best interests of the child as a mechanism to protect the family unit at the time of failure of home detention or confinement of the head and mother in Colombia. What is expected to be achieved through a methodological design with a qualitative approach, the method of deductive research and a type of explanatory research.
Ausencia de una política integral anticorrupción en el Estado colombiano en el periodo 2010 y 2014
(Universidad Santiago de Cali, 2014) García Hernández, Angélica Del Pilar; Serna Muriel, Cristhian Alberto
Concepción de los delitos informáticos en Colombia y la legislación actual
(Universidad Santiago de Cali, 2018) Torres Masmela, Gerardo; Bustos Romero, Michel Federico
In the application of criminal law, it is important to take into account the evolution of criminal types and new ways of committing fraud by electronic means, so that the legislation has to be updated permanently in order to sanction individuals who infringe by any means Causing an unlawful and culpable damage. It concentrates on having a concept on computer crime in which different positions and authors are accepted, it includes a concept that allows to determine in a general way the conception of computer crime, and a way is also made on the legislative evolution On computer crimes until it reaches Law 1273 of 2009 and proposes a restructuring in the prevention of crimes of this nature.
Condición de la víctima en el proceso penal colombiano
(Universidad Santiago de Cali, 2020) Murillo Calderón, Sandra Milena; Giraldo Ángel, Laura Andrea
In Colombia we are a social state of law, where the victim has been accommodated in the criminal process, which is why it is intended to establish the condition of the victim as a party or intervener; Well, around the development of the system, many of us wonder why? The victim is only intervening and is not considered as part, this objective will be achieved through the qualitative approach, moving from the general to the particular, through descriptive techniques, collecting information from jurisprudence, doctrine, regulations and legislation
Conflicto de competencias: la investigación y juzgamiento de indígenas en los delitos de tráfico, fabricación o porte de estupefacientes – jurisdicción ordinaria o jurisdicción indígena
(Universidad Santiago de Cali, 2020) Sánchez Londoño, Andrés; Giraldo Ángel, Laura Andrea
The Political Constitution of Colombia and its evolution in parallel with the legal system, brought with it the recognition of the fundamental rights of ethnic minorities, who are granted the guarantee of being able to use their own in situations where people belonging to their communities, according to ingrained customs and uses. However, in Colombian territory there are situations in which members of indigenous communities participate in criminal acts and the Colombian State, for the effective application of justice, meets the request of indigenous justice for which the trial of its members according to the norms and customs of their culture, generating legal conflicts and competences that must be resolved. The dilemma of the applicable jurisdiction has led to an analysis of what criteria the different judicial bodies must abide by, given the importance in the application of the rules. Therefore, it is necessary to know the criteria of the Constitutional Court of Colombia, to settle legal conflicts that may arise in the event of the possible absence of a harmonious system that allows a solution.
Criterios de selección para el juzgamiento de delitos en el marco de la jurisdicción especial para la paz
(Universidad Santiago de Cali, 2018) López Cordoba, Carolina; Bustos Romero, Michel Federico
Criterios que se deben tener en cuenta para la adecuación del tipo penal del feminicidio desde la legislación y la jurisprudencia, 2015 y 2016
(Universidad Santiago de Cali, 2017) Horta Losada, Ana María; Macana, Marco Antonio
The criminal type of femicide, as an autonomous crime, was necessary to fill the legal void left with Law 1258 of 2008, in order to determine with greater precision the elements concurrent or that have preceded the death of the woman as circumstance that allows to infer to the existence of the mobile - to kill to a woman by the fact of being woman or for reasons of gender identity -, making flexible the approach of the test in the feminicidio and allowing that in the context it is possible to be evidenced the intention of the Author; and the obligation of the State to act diligently in the protection and prevention of all forms of discrimination against women on the grounds of gender identity and which have been imposed in the Convention of Belém do Pará, the United Nations Declaration on the Elimination of Violence against Women and General Recommendation No. 19 of the Committee to Monitor the Convention on the Elimination of All Forms of Discrimination against Women - CEDAW. In this sense, the purpose of this work is to determine the criteria that should be taken into account for the adequacy of the criminal type of femicide from the legislation and jurisprudence, 2015-2016.
El debido proceso en el sistema penal acusatorio colombiano
(Universidad Santiago de Cali, 2018) Amaya Ordoñez, Mónica
Due process as the cornerstone of the Social State of Law, is aimed at serving society and being a guarantor of the observance of the fullness of the legal system, as it contains the necessary ethical and legal guidelines to support concrete procedural guarantees; however, in the area of evidence of criminal logic, conflicts of legal property are systematically presented because due process has often been interpreted as a limit to laws and legal procedures; This interpretation is controversial, and is analogous to the concept of natural justice and procedural justice used in other jurisdictions. The relationship between the principle of legality and the law reserve is generally established, in a democracy in the so-called legal system and receives special dogmatic treatment in criminal law. In view of the fact that the State, through the Power or Judicial Branch, takes control and decision regarding conflicts that have to do with the interpretation or violation of the law and that of such conflicts a person may be sanctioned or injured in its interests, it is necessary that in a rule of law, any judicial sentence must be based on a previously processed legal process that guarantees in equality the prerogatives of all those who act or have a part in it. Therefore, sentences issued without prior process are prohibited. This is especially important in the criminal area.
Delitos sexuales: una perspectiva socio-jurídica aprisionada por la impunidad
(Universidad Santiago de Cali, 2020) Esquivia Petro, Kellys Sofía; Giraldo Ángel, Laura Andrea
Access to prompt and effective justice in the face of sexual complaints from citizens transcends institutional and social failure; they are the same rational victims who are in charge of their emotional charges, those that affect their full performance; Shortcomings of the penal system, which cause a shortage of complaints by leaving them aside as if it were a crime with little legal relevance, thereby causing impunity. The interest in developing this research lies in determining how criminology being a science of a multidisciplinary nature, bases its foundations on knowledge of sociology and psychology within a society, seeking to demonstrate the incidence of the commission of crimes, as well as advocating a series of preventive actions for man's antisocial behavior (González). This work has a qualitative approach, which analyzes jurisprudence and norms applied in sexual crimes in a comprehensive way, that is, related to sexual actions contrary to criminal norms but mainly aimed at sexual violence concurrent with gender abuse and acts of harassment of minors, who in most cases are known as defenseless beings. Does the State really act to protect the rights of victims of sexual crimes? With this, it is possible to identify what role the state plays or verify, if it is simply a State with a lack of reaction and legal application that has shortcomings for the regulatory application towards offenders; the foregoing causes a violation of the fundamental rights of victims.
Derecho penal: de lo inquisitivo a lo acusatorio
(Universidad Santiago de Cali, 2020) Reyes Salazar, Tatiana; Giraldo Ángel, Laura Andrea
This article seeks to publicize the transformation that the criminal process has given throughout history, going from an inquisitive system to an accusatory system like the one that is developed today, through a theoretical sample that collects information from data of great thinkers such as Luigi Ferrajoli and Cesare Beccaria, the father of guarantees, also several teachers and thinkers of Colombian criminal law, in order to identify the differences between these two positions, concluding that the system offers more procedural guarantees and what have been its modifications through history until reaching the current penal system.We will analyze how in the average age, the judicial process was applied, the inquisitive process, in which, all the power fell to a single person who was in charge of carrying out the criminal procedure from the beginning to its end, instructed, accused and judged ; And that with the appearance of new revolutions guarantees for the accused would arrive, with it we observe that the inquisition is going to another plane to open the way to the guarantee and thus to act under a division of work that precludes the excessive concentration of power, which later will lead the judicial body to practice under a criminal prosecution system with accusatory tendency where the accused is an essential and active part in the process.

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