Especialización en Derecho Penal
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Item Condición de la víctima en el proceso penal colombiano(Universidad Santiago de Cali, 2020) Murillo Calderón, Sandra Milena; Giraldo Ángel, Laura AndreaIn 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 legislationItem Ejecuciones extrajudiciales: una realidad que compromete la legitimidad de las instituciones de seguridad en Colombia(Universidad Santiago de Cali, 2020) Gallego López, Sandra Carolina; Giraldo Ángel, Laura AndreaItem La figura del acusador privado en Colombia, características y problemas específicos. Desde la constitución política.(Universidad Santiago de Cali, 2020) Alvarez Sanchez, Ruben Dario; Giraldo Ángel, Laura AndreaThe main objective of this investigation is to analyze the figure of the private accuser in Colombia. Since the political constitution, by modifying article 250 to achieve the proposed end, the first step is to define what is the particular denouncer, and then identify its disadvantages and particularities, for which the question is posed: what specific characteristics and problems does the private accusation present? In response, the qualitative study method was used, with a descriptive approach, using primary, secondary and tertiary sourcesItem La justicia restaurativa como complemento de la justicia retributiva(Universidad Santiago de Cali, 2020) Rodríguez Paz, Orlando Augusto; Giraldo Ángel, Laura AndreaThe purpose of this article is to expose the reader to the conceptual origins and meaning of retributive criminal justice, which seeks to impose a penalty or a correlative penalty on the offender of the criminal law or to make the victim feel the same evil caused through crime, and also make restorative justice known as a new way of interpreting justice and the ways to reach it, giving the victim its rightful place as the protagonist of the conflict caused and recognizing that not only she suffered a detriment to their interests, but the conflict also transcended the community. In the same way, reference the differences and similarities that some authors and writers of this dogmatic have made. As an additional bonus to this article, a very important topic such as restorative justice in comparative law will be touched on in order to know how this institute is managed in other countries of the world; so with clear concepts to be able to reach a conclusion with a theoretical basis on the complementarity that must exist between restorative and retributive justice to give good practice to Colombian criminal lawItem Una Reflexión sobre la Pena de Muerte, Estado Social de Derecho y Populismo Punitivo en Colombia(Universidad Santiago de Cali, 2020) Angulo Camacho, Omar; Giraldo Ángel, Laura AndreaThe purpose of this article is to make a succinct reflection on the Death Penalty, its constitutional and legal background from 1819 until the entry into force of the 1991 constitution, as well as the international commitment related to the abolition of the death penalty; in the same way, analyze how the Social Rule of Law becomes a fundamental factor for the development of society; finally, to present some considerations related to Punitive Populism, as a method of obtaining political returns. To fulfill these objectives, the following approaches are used: the description of the constitutional and legal regulations that implemented the death penalty in Colombia, how the transition from a state-centered constitution to an anthropocentric one that determines the social rule of law aimed to strengthen human dignity, to worth asking whether it is possible under these parameters to establish capital punishment in the country. On the other hand, Punitive Populism, as a doctrine aimed at defending the interests and aspirations of the people, has only become a way of moving masses and obtaining political returns; how convenient is this practice for today's societyItem 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 AndreaHe 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.Item Situación actual de la legislación penal ambiental colombiana y dentro del contexto del acuerdo de paz(Universidad Santiago de Cali, 2020) Toro Reina, Martha Isabel; Giraldo Ángel, Laura AndreaThe Environmental Criminal Law is today a world-class legal reality, in a country like Colombia, in time has already been a short field of development in the face of the numerous challenges of this type of normative and penal order, in a territory as rich in biodiversity as in the respective natural resources. And in that stretch, he has been the subject of various criticisms of its functioning, given that at present the environmental field was indirectly part of analysis and political management within the framework of the peace agreement signed with the former FARC guerrillas, It is necessary and pertinent to study how this has influenced, and will influence, the functioning of the Environmental Criminal Law in the present and in the immediate future. To do so, be it will be necessary to review and weigh the secondary information that has been working on the subject, and to give priority to that which has as a direct source the same protagonists of events related to environmental crimes associated with armed violence (terrorism). It is hoped that we will then be able to analyse the real and objective conditions regarding the functioning of the Environmental Penal Legislation in our country, knowing that despite the difficulties that arise to function properly, armed violence is added as one of the main criminal sources that have led, and continue to lead, to environmental depredation. Of course, it is assumed that the approach and development of this dissertation will be of the greatest relevance and usefulness to the legal, environmental, and social interests involved at the national level in it.Item Reflexiones jurídicas frente al derecho de morir dignamente, que reafirman la necesidad de su reglamentación efectiva en pro su adecuada y oportuna materialización(Universidad Santiago de Cali, 2020) Zabala Saavedra, María Alejandra; Giraldo Ángel, Laura AndreaThis essay is a continuity of the monograph called “MORIR BIEN COMO EXPRESIÓN DEL VIVIR BIEN: A PROPÓSITO DE LA EUTANASIA”, in which the need for a solid regulation regarding the debated issue of euthanasia is reaffirmed, whatever it is that a system of protection of said constitutional right is required through which its effective materialization and protection is promoted, this through legal, social, psychological and other support mechanisms that allow people who decide to induce the death of dignified form, a greater enjoyment of the right constitutionally and internationally recognized, this in respect of the autonomy of the patient, who by being in the conditions provided by the legislator can access the eutanastic practice, for the sake of ending intense suffering that undermine his personal concept of a dignified life, also well protected by constitutional supremacy that allows e the effective enjoyment of other rights. Through this essay, it is sought to give a deeper insight on what is related to the right to die with dignity, based on the study of the recent pronouncement made by the Honorable Constitutional Court through judgment T-544/2017, in which It takes up a series of considerations related to life and dignified death, thus formulating a set of protocols and guidelines that must be taken into account when making a decision regarding the situation of a patient that requires a dignified death. This is how the issue of Euthanasia in Colombia goes from being a crime model, to a social and legally accepted procedure through which people can access a dignified death, always preponderating the well-being and dignified life of each person.Item La responsabilidad penal juvenil en Colombia en comparativo con el derecho penal suizo(Universidad Santiago de Cali, 2020) Lozano Tabares, Christian Javier; Giraldo Ángel, Laura AndreaThis investigation analyzes juvenile criminal responsibility in the crimes of homicide in Colombia, such as the main characteristics of the juvenile criminal procedure scheme, with a view to highlighting the important principles in juvenile criminal law, proposing a scheme based on this juvenile procedure for the juvenile offender in Colombia, for the development of the investigation it is necessary (i) To characterize the criminal responsibility (ii) To examine the figure of the minor offender in Colombia and Switzerland and (iii) to propose a scheme of criminal responsibility system for the juvenile offender from 7 to 14 years in Colombia.Item Homicidio un tipo penal impune en Tumaco por el miedo insuperable de sus habitantes(Universidad Santiago de Cali, 2020-09-21) Riascos Navarrete, Loren Stefany; Giraldo Ángel, Laura AndreaItem Delitos sexuales: una perspectiva socio-jurídica aprisionada por la impunidad(Universidad Santiago de Cali, 2020) Esquivia Petro, Kellys Sofía; Giraldo Ángel, Laura AndreaAccess 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.Item Adaptación normativa frente a los delitos informáticos en Colombia(Universidad Santiago de Cali, 2020) Mosquera Bonilla, Karlin Adriana; Giraldo Ángel, Laura AndreaThere 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 meansItem El preso con preacuerdo firmado no tiene derecho a libertad por vencimiento de términos(Universidad Santiago de Cali, 2020) Calvo Villegas, Jorge Iván; Murillo Amaris, EdwinThis paper analyzes different edges that arise with the implementation of the new accusatory criminal system implemented since Law 906 of 2004, as the year of the aforementioned law indicates since 2004, the important role that pre-agreements play in judicial decongestion, of Faced with the impossibility of requesting the phenomenon of Freedom due to expiration of terms when the defendant signed a pre-agreement with the Attorney General's Office, but that has not been validated by a judge of the Circuit, whether specialized or not, it is negative in order jurisprudential flagrantly violates article number 13 of the constitution, the right to equality, since the defendant amen that he is agreeing with the Attorney General's Office, his situation has not been resolved, nor is it guaranteed that the judge validates the pre-agreement , budget in which the processing will be again in the initial position, that is, as if there had never been a pre agreement.Item Procedencia del mecanismo de impugnación especial en primeras sentencias de condena proferidas en segunda instancia(Universidad Santiago de Cali, 2020) Monroy Arzayús, Isabella; Murillo Amaris, EdwinThe right to impugnment in recent years, has occupied a central place in legal and academic discussions, being the center of debate, its role as a fundamental guarantee within the criminal process, for subjects who are convicted for the first time in second instance by a court. However, despite its role, it has not been a mechanism regulated by law, which specifies the procedure that must be carried out to ensure the guarantee of double conformity as a constitutional principle. This text will then develop, on the one hand, the jurisprudential evolution of the figure of the challenge as a special mechanism and, on the other, establish the provisional rules for the special impugnment proposed by the Court, called to prosper. PALABRASItem 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 AndreaThe 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.Item La resocialización como método de solución para el hacinamiento carcelario en los establecimientos penitenciarios de Colombia(Universidad Santiago de Cali, 2020) Quintero Pino, Diego Fernando; Giraldo Ángel, Laura AndreaStarting from the social legal field, the prison problem that Colombia is currently experiencing is analyzed, making a small historical journey since the birth of the Political Constitution, and some reforms and laws that give rise to the current criminal legislation with the accusatory criminal system, in the second part will develop the social problems that lead to punitive populism in which the legislator abuses criminal justice by placing irrational burdens generating secondary and tertiary problems, secondary problems, tertiary problems such as judicial congestion and the issue in the that a critical analytical development that is overcrowding and resocialization in prisons in Colombia will be addressed, as a solution to the problem, it will be considered to see resocialization as one of the possible solutions or a lifesaver to the problem of prison overcrowding that occurs in Colombia since 1998Item 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 AndreaThe 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.Item El dolo eventual no permite un análisis psiquiátrico y psicológico(Universidad Santiago de Cali, 2019) Vasquez Coral, Ana Cristina; Collazos Murgueitio, AlexItem Hacinamiento carcelario y sistema penitenciario en Colombia bajo la mira de la corte constitucional -estado de cosas inconstitucionales(Universidad Santiago de Cali, 2020) Valverde Garces, Alba Luz; Giraldo Ángel, Laura AndreaIn the country, from the 1990s to date, the high rate of prison overcrowding, the lack of infrastructure in the various detention centers, the constant violation of human rights, the lack of prison resocialization programs have been viewed with great concern. These are the problems that many citizens face on a daily basis, who for one reason or another are deprived of their liberty in Colombian prisons. That is why the Constitutional Court has declared on three occasions the existence of an unconstitutional state of affairs. In order to demonstrate the gravity of the situation of the Penitentiary system, in which progress and setbacks in the Consolidation of criminal and Penitentiary Policy can be measured. This text will carry out an analysis of prison overcrowding starting with a brief historical review where its growth is increasingly alarming in the humanitarian prison crisis to the present day, from the perspective of two dimensions on the one hand, from criminal policy, such as The State seeks to increase the penalties to combat the criminality of whose crimes that are prosecuted three is no right to benefits and / or criminal subrogations for the convicted and, on the other hand, from a public policy, which should be the State to counteract criminality in Colombia and reduce the prison recordItem 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 AndreaThis 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