Maestría Derecho Penal y Procesal Penal

URI permanente para esta colecciónhttp://hdl.handle.net/11634/148

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Criterios jurídicos en las medidas de protección a favor de la mujer en el delito de violencia intrafamiliar
(Universidad Santo Tomás) Ávila Quintero1, Lyda Adriana; Universidad Santo Tomas
Domestic violence is currently one of the most critical public problems facing Colombian society, this criminal phenomenon being one of the largest forms of violation of human rights. This public problem, which is elucidated from the configuration of social subjects in the context of their multiple realities, reflects the complex and weakened scenario that exists within the family as the fundamental nucleus of society, and is closely linked to the violence against women, this as a result of historical cultural practices such as machismo, which are still deeply rooted in Colombian society today, where despite having a robust legal framework regarding this type of crime, it is not counted. with real scenarios to overcome this scourge.
La implementación del feminicidio en el derecho penal y sus efectos en la sociedad Colombiana
(Universidad Santo Tomás, 2024-12-04) PARRA HUERTAS, MIGUEL ANDRÉS; RUIZ HERNÁNDEZ, ANDRÉS FERNANDO
The implementation of feminicide as an autonomous punishable conduct in the Colombian legal system is a product of the evolution of the concept of violence against women and its high rates, initially leading to jurisprudential development and subsequently to the issuance of Law 1761 of 2015 known as the Rosa Elvira Cely Law, which formally contemplates feminicide as a crime in the country, determines the principles that will govern the investigation and stipulates the procedure for judging it, as well as the actions that the authorities must deploy in order to develop investigation properly. Therefore, feminicide as a crime is of vital importance for criminal law, demonstrating with its implementation a recognition of guarantees and protection of the rights of women victims of repeated violence. However, it is essential that the legislator and the high courts include additional guidelines that promote the establishment of specific cases in which feminicide exists and is judged in such terms.
El ministerio público como sujeto procesal indispensable en el sistema penal acusatorio
(Universidad Santo Tomás, 2024-12-04) Anaya Lázaro, Pedro Rafael; Vásquez Betancourt, Santiago; Universidad Santo Tomas
The Public Ministry, with the entry into force of the 1991 Political Constitution of Colombia, was established as a figure that guarantees and safeguards the fundamental rights of all citizens; however, in the development of the criminal process and in judicial practice, it has shown an imbalance of functions, since the guarantee control judge or knowledge judge acts in the same sense, ensuring the protection of constitutional guarantees. The legal system and jurisprudence highlight that the role of the Public Prosecutor's Office in criminal matters is to intervene in the stages of investigation, investigation and trial to promote the fundamental rights of the procedural subjects and the interests of society, without violating the assumptions of equality of arms and the adversarial nature of the procedure, however, determining said breach has not yet been properly developed in depth to establish the cases in which the guarantor functions of the Public Ministry surpass those of the impartial judge who has legal safeguarding tools. of the fundamental rights of those involved in the proceedings.
Humanización de los animales, ¿bienestar animal o maltrato? Un análisis comparado de la ley 1774 de 2016 de Colombia y la ley 7 de 2023 de España
(Universidad Santo Tomás, 2024-11-26) Bravo Hernández, Cindy; Fuentes-Contreras, Édgar Hernán; Universidad Santo Tomás
This study is part of a global reflection on the Sustainable Development Goals – the Sustainable Development Goals in the 2030 Agenda: especially with Goal 15, which includes the overarching goal of protecting the planet, and then preserving ecosystems and wildlife. In this context, and to answer the question of whether animal humanization can be considered animal welfare or abuse? A methodological structure is followed to provide answers based on comparative legislative analysis and literature review of the regulations applied in the animal welfare sphere in Spain and Colombia. The objective is to analyze whether animal humanization practices can be considered welfare or mistreatment from a bioethical and ecocentric perspective. Thus, we see that there is controversy and legislative development on this issue that allows us to take a position on animal humanization activities and verify that these actions can be considered offensive.
El Uso de Medios Tecnológicos en la Práctica de la Prueba Testimonial en el Derecho Penal Colombiano
(Universidad Santo Tomás, 2024) Suárez, Zharik; Vasquez, Santiago; Universidad Santo Tomás
The Colombian state and especially the judicial branch as a result of the pandemic and the declaration of a health emergency, was involved in the need to implement an alternative of access to the administration of justice for its users, but without violating or undermining constitutional guarantees, principles and guiding norms; therefore, through Law 1822 of 2022, the guideline was taken that all judicial offices in the country would have to continue providing their services through virtuality, a guideline that generated anxiety and uncertainty in the parties that make up the criminal jurisdiction, since with this decision principles such as immediacy could be transgressed the oral trial and specifically the practice of testimonial perdormed out through this modality. As a result of this, the Constitutional Court through ruling C-134 of 2023 ruled that the oral trial hearing in criminal matters should be face-to-face, which meant that in the other jurisdictions the proceedings could be carried out virtually, this in order to improve access to justice and the optimal performance of the courts
DERECHO PENAL PROBATORIO EN COLOMBIA La incorporación del testimonio adjunto en el juicio oral y la garantía de su confrontación en los delitos contra la libertad, integridad y formación sexuales.
(Universidad Santo Tomás, 2024-06-24) Laguna Cortes, Angie Natalia; Vásquez Betancur, Santiago; Universidad Santo Tomas
In the current Colombian Penal System, taking into account that it is accusatory in nature, the trial stage is framed in the principles of immediacy, concentration, publicity, contradiction and confrontation of evidence, constituting the fundamental core of the process, since with When practicing and evaluating the evidence, the judge must have the necessary conviction to address each case (Bedoya, 2008). It should be noted that in principle only those conducted in the oral trial and in the presence of the hearing judge are considered evidence, as provided for in Article 16 of Law 906 of 2004, and from its statement it follows that there must be full evidence. guarantees of due process for the parties, in satisfaction of the principles of contradiction and confrontation, which if not met would mean a violation of article 29 of the Charter, which is nothing other than a constitutional violation. In this regard, the Constitutional Court in ruling C-034 of 2014, refers to the guarantees of due process of evidence, indicating that article 29 of the Constitution imposes the need to observe and regulate certain minimum guarantees in evidentiary matters as follows: (i) the right to present and request them, (ii) the right to dispute the evidence presented against him, (iii) the right to publicity of the evidence, since in this way the right of contradiction is ensured, ( iv) the right to regularity of the evidence, that is, observing the rules of due process, with any evidence obtained through violation of this being null and void, (v) the right to have the tests carried out ex officio that are necessary to ensure the principle of realization and effectiveness of rights (arts. 2 and 228 of the Political Constitution of 1991) and (vi) the right to have the evidence incorporated into the process evaluated by the judge. The evidence is decisive for the decisive process that the judge has, in this way the Code of Criminal Procedure in its article 7 and 372, expresses that the evidence has the purpose of taking the Judge beyond all reasonable doubt, the facts and circumstances. matter of the Trial and those of the criminal responsibility of the accused, author or participant, constituting the right to evidence as one of the main ingredients of due process and the right of access to the administration of justice, and as a link to achieve the truth in a judicial investigation. These arguments have been reiterated in several pronouncements by the Constitutional Court in sentences T-589 of 1999, T-171 of 2006, T-555 of 1999 and C 496 of 2015, according to which in development of article 29 of the Constitution of 1991, the person who is accused has the right to defense and, therefore, from that norm - which responds to a universal principle of justice - the right, also constitutionally guaranteed, to dispute the evidence that is presented clearly emerges. allege against the accused and to present and request those that oppose the claims of those who seek to undermine the presumption of his innocence (Constitutional Court, T-589, 1999; Constitutional Court, T-171, 2006; Constitutional Court, T-555 , 1999; Constitutional Court, C 496, 2015). In the field of sexual crimes against minors, the protectionist legal system of the rights of children and adolescents, taking into account the different circumstances surrounding these cases and the difficulty of obtaining direct evidence, allows through acts During the investigation, evidence of the events is obtained from which it can objectively be inferred that the reprehensible events occurred as reported by the victim. These previous versions collected outside the oral trial, as a general rule, only constitute preparatory acts for the oral trial, and exceptionally have the purpose of demonstrating a true fact in the oral trial, in addition to their use during the oral trial being pertinent to the clarification of the truth within the oral trial. of the process. Although the testimony of the minor victim of these crimes constitutes the only direct evidence in the process, the Prosecutor's Office as the prosecuting entity has various possibilities to present in the oral trial the statement of a child who appears as a victim of sexual or other crimes. serious conduct, namely: i) making use of advance testing; ii) request the previous statement as reference evidence or iii) present the minor as a witness in the oral trial (CSJSP, July 11, 2018, rad. 50.637; CSJSP, May 20, 2020, rad. 52.045; among others). The prosecutor's decision must be adjusted to the particularities of each case, the legal requirements and the consequences of choosing one of these options. Thus, when you choose to present the minor victim of sexual abuse as a witness in the oral trial, you must consider that in judicial practice the victim can retract and change her version, situations before which the judicial official can incorporate as autonomous evidence during the testimony of the victim in the oral trial, his statements made outside the oral trial. Incorporating the versions of the minor victim received outside the oral trial as attached testimony during the practice of his testimony in the trial, is a tool for the parties developed by jurisprudence in response to the phenomena of retraction and change of version of the minor victims. of frequent occurrence, which in addition to safeguarding childhood and adolescence, and giving effect to the constitutional mandate, as long as the requirements for its incorporation are met, allows the exercise of the guarantees due to the accused.
Perspectiva teleológica de la política criminal para desmantelamiento de organizaciones criminales desde el ámbito de la unidad especial de investigación creada con el acuerdo de paz
(Universidad Santo Tomás, 2024-04-16) Manosalva Agredo, Diego Hernando; Avellaneda Hernandez, Sandra Liliana
The present writing makes a reflection based on regulations, jurisprudence, doctrine and opinion positions, in order to deduce the advances in the applicability of the current criminological policy for the dismantling of criminal organizations that affect the peace agreement in Colombia, responsible for the homicides or massacres against human rights defenders, social or political movements or that threaten or attack people who participate in the implementation of the agreements and the construction of peace, including criminal organizations that have been called successors of paramilitarism and their support networks. The foregoing, in compliance with the provisions of point 3.4.4. of the final agreement to end the conflict and build a stable and lasting peace. Thus, it is important to specify that, on the occasion of the peace agreement in the aforementioned point, the Special Investigation Unit is created, a unit attached to the Office of the Attorney General of the Nation, in charge of investigating the cases and presenting charges and accusations before the Judges of the Republic, where affectations to the peace agreement are denoted. Consequently, this monograph is focused on examining the political-criminal advances, to conclude if the context analysis, generation of criminal investigation strategies on the identification and dismantling of criminal structures and / or criminal behaviors committed, meet the established ultimate goal. in the peace agreement, to contribute to the creation of a stable and lasting peace. Keywords: criminal policy, peace agreement, dismantling of criminal organizations, acts of investigation and inquiry.
LAS MEDIDAS PRIVATIVAS DE LA LIBERTAD EN EL DERECHO PENAL COLOMBIANO
(Universidad Santo Tomás, 2024-01-19) PLAZAS MOJICA, IGNACIO ARMANDO; FORERO SALCEDO, JOSE RORY; Universidad Santo Tomas
The Colombian criminal procedure code (law 906 of 2004), in article 295, brings with it a series of principles (optimization mandates) that in reality and in practice are not being given the importance they deserve when it comes to imposition of security measures depriving of liberty in prison establishments. Such optimization principles or mandates are: the affirmation of freedom (general principle of freedom), exceptionality; restrictive interpretation, necessity, adequacy, suitability, proportional (proportionality test) and reasonableness in relation to the constitutional contents (purposes of the assurance measure).
Recurso de casación para el abordaje práctico en el litigio penal
(Universidad Santo Tomás, 2024-01-19) MARTINEZ SANCHEZ, CLAUDIA LORENA; DIAZ SANABRIA, CATHERINE DEL PILAR; CLAUDIA LORENA MARTINEZ SANCHEZ
This investigative work synthesizes the step by step that must be followed to file the extraordinary appeal of cassation in criminal matters, it breaks down from the moment of admission, the requirements, the qualities, the foundations. It is a research work broken down taking into account the regulations treated from the doctrine and jurisprudence. The issue was addressed only by consulting the written media, not virtual, it was an intellectual effort focused on the development that a cassationist criminal lawyer must have to annul the second instance sentences imposed in the ad quem courts that have violated guarantees and fundamental rights to due process and to the right of defense in criminal proceedings. Keywords Cassation, to marry, appeal, second instance, censor.
Restitución de tierras en Colombia en el marco de la etapa administrativa, Ley 1448 de 2011, Dificultades en su aplicabilidad.
(Universidad Santo Tomás, 2023-09-07) Quintero Rubio, Jhon Fernando; Bayona Estupiñan, Lady Carolina; Universidad Santo Tomas
Through this investigation, it is intended to investigate the existing difficulties in the applicability of the Victims Law (1448 of 2011) in the administrative stage, since it is at this stage that a legal knot arises, which does not allow progress. dynamically in the different requests for dispossessed properties, leaving their applicants in uncertainty without receiving justice, while at the same time they are exposed to the different pressures of their environment and remain immersed in a deteriorated living condition. Although it is true, the spirit of the Law is to offer a legal tool, through which victims are comprehensively repaired, the same Law, if it is not attended to by the different actors involved in it, can re-victimize the victim. population object of reparation, since that is how it is compared, about how hundreds of victims have died, waiting for their dispossessed lands to be returned, or in the process they are murdered and violated. This law was created to generate a mechanism for attention and reparation to victims of the internal armed conflict in Colombia, who were subjected to violations by, among them, people forcibly displaced from their lands, in events that occurred after January 1, 1991 until June 10, 2021, the purpose of the law is that victims of the armed conflict can access general and special reparation measures, which include land restitution, complying with the requirements established by Law, the State assuming the obligation to provide priority treatment in this sense to the indigenous peoples, Afro-Colombians, Raizals, Palenqueros and Gypsies, as well as women and children considered as victims.
Política criminal y barrismo en Colombia
(Universidad Santo Tomás, 2023-09-13) Bohorquez Villabona, Cristian Fabián Gustavo; Vásquez Betancur, Santiago; Universidad Santo Tomás Tunja
The primary purpose of this work is to achieve in the reader a reflection about the results of the State's activity to combat violence in the barras bravas. Colombian criminal policy has focused on seeking exhaustive control of the barista's behavior and harshly punishing him, as well as investigating information about the causes of violence, but has not materialized social efforts to eliminate them; citizens who commit criminal acts within the framework of baristas in soccer are discriminated against or even feared, and the media, administrative, police, judicial authorities, and social actors publicly label baristas with derogatory terms such as “misfits, antisocial, vandals”, which can generate discrimination against baristas. To achieve this reflection, in addition to the consultation and theoretical analysis, direct observation was made during most of the matches played by the Club los Millonarios as a local, in the Bogotá stadium, Nemecio Camacho "El Campín", during the year 2017 and 2018 attending before the start of sporting events to seek the collection of useful information. Likewise, a survey was carried out in 2023, considering the usefulness of the eventual variability of the data obtained. Followers of the Club Los Millonarios soccer team, from Bogotá, members of the blue commando bars and the blue rain, popular traditional bars of the team, also fans attending the eastern stand of the Nemecio Camacho "el Campín" stadium, as well as also citizen soccer fans, fans of other teams and the general public, in order to inquire about the knowledge that the community has regarding the barrista phenomenon and violence in soccer. Based on the above, additions to existing norms are suggested to include social barrismo in a tangible way in Colombian criminal policy.
El rol del Ministerio Público de Cara al Sistema Penal con Tendencia Acusatoria En Colombia
(Universidad Santo Tomás, 2023-09-01) Bravo Hernández, Cindy Vanessa; Romero Carmona, Ruth Mariela; Riveros Cruz, Julian Leonardo; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000141243; https://scholar.google.com/citations?hl=es&authuser=1&user=_zUBfAcAAAAJ; https://orcid.org/0000-0002-4890-7539
In Colombia, our criminal procedure system has an accusatory tendency, since it does not propose a pure adversarial model, while in addition to the procedural subjects such as the accusing entity executing the ius puniendi, the defendant with his respective defender either trusted or attached to the Public Defender's Office and the Judge as an impartial figure who administers justice; The representative of victims in defense of these particular interests and the agent of the Public Prosecutor's Office as representative of society and guarantor of fundamental rights are also part of the process as interveners. Faced with this last special subject, it has been considered that it generates an imbalance in the principle of equality of procedural opportunities. Address this problem based on the similarity of the Public Ministry with others from the essence that grants constitutional powers with a historical panorama, the evolution of the Public Ministry over time and its current structure to reach the current transversal role in the development of the process in our criminal regulations; It will allow us to conclude a critical vision to respond to this debate.
¿Cómo afrontar el abuso sexual lejos de la realidad punitiva?.
(Universidad Santo Tomás, 2023-07-23) Rodriguez Vargas, Lina Paola; Universidad Santo Tomás Tunja
Sexual violence in all its manifestations constitutes one of the greatest effects on the fundamental rights of children and adolescents, particularly attacking the rights to life, liberty, human dignity, security, physical and psychological integrity, free expression and freedom of movement and the free development of personality, hindering the exercise of sexual and reproductive rights and, in addition, desirable standards of physical and mental health. In this vein, it is especially sought to analyze the current panorama of aggression and rape of minors
Funcionalidad de la pena en el sistema penitenciario y carcelario en Colombia.
(Universidad Santo Tomás, 2023-05-10) Roncancio Chaparro, Emmy Yoleth; Saenz, Deiby; Universidad Santo Tomás Tunja
The purposes of the penalty in Colombia are incompletely materialized, since it is not in all cases that the inmates are able to develop a life project, the State has to pursue the conducts that injure or endanger legally protected assets, but it also has to guarantee the protection of the rights of the prison population. Citizens who are subject to the action of the penitentiary system, their security and integrity must be ensured within the penitentiary establishments, and their re-socialization establishing opportunities that allow a reactivation as productive citizens of the community at the time of recovering their freedom, so that they rejoin society, in pursuit of the general interest. This document offers an analysis of the realization of the purposes and functions of the penalty in Colombia
Las reglas de mándela en el sistema penitenciario de Brasil y Colombia, política de inclusión al personal recluso condenado.
(Universidad Santo Tomás, 2023-02-22) Rico Vargas, Mabel Julieta; Sáenz Rodriguez, Deiby Alberto; Universidad Santo Tomas
This article reflects on the Mandela rules recognized by the UN, which are minimum standards of guarantee for the prison population, but it is suggested that the States parties must have minimum conditions to guarantee the human rights of the population inmate guaranteed his human dignity.
Accesibilidad urbana de reclusos en condición De discapacidad en Cárceles De Medellín y Río de Janeiro.
(Universidad Santo Tomás, 2023-02-02) Fuquen Rincon, Mario Edison; Bayona Estupiñan, Lady Carolina; Universidad Santo Tomás Tunja
Human rights are highly violated in prisons worldwide, in this event Colombia and Brazil are no exception, in fact the conditions of violation of rights are widely reported in these countries, however, this population is not listened to; since, it is considered that they have lost their rights before the execution of acts considered illegal. The objective of the article is to contrast the impacts generated on the quality of life of citizens deprived of their liberty with disabilities in the Pedregal penitentiary centers in Medellín and the Gericinó Penitentiary Complex in Rio de Janeiro, compared to the living conditions of the prisons of these cities. Determining that there is a wide violation of the rights to decent treatment, access to infrastructure, medical care, among other rights that are acquired by being a human being, concluding that there is an arduous path to guarantee the fundamental protection of rights in people with disabilities; Likewise, the deficiency in infrastructure of penitentiary centers in Brazil and Colombia is suggested to adopt this population so that they comply with the sentences handed down, in order to minimize the violations of rights and avoid the suffering inherent in detention. Keywords: Accessibility; human rights; penitentiary center; protection.
Repercusiones legales del nivel nacional e internacional ante el incumplimiento de colombia del bloque de constitucionalidad y no ejercicio del control de convencionalidad
(Universidad Santo Tomás, 2023-01-24) Rincón Díaz, Yessica Piedad; Universidad Santo Tomás Tunja
The human being is the source of all rights, for this reason, the law is at the service of the guarantee and protection of their rights, and not a contrario sensu as it was conceived in different historical periods, and societies as a tool for the violation of Human Rights. After the Second World War, in the international framework, instruments for the protection of Human Rights have been created, such as the European Convention on Human Rights of 1953 and the American Convention on Human Rights "Pact of San José, Costa Rica", carried out between November 7 and 22, 1969, where it is clearly stated that any transgression and violation of these rights entails the assumption of responsibility by the States. The creation of an International Law, understood as a set of principles and norms, inspired by ideas of Justice, Order and Peace, has to be guaranteed, in each of the States, without considerations of sex, race, national or family origin, language, religion, political, ideological or philosophical opinion of the inhabitants, independent of the continent, region or place of origin of these. Therefore, within the International System for the Protection of Human Rights, it is the duty of the States to submit their legal systems and acts, as well as the functioning of their institutions, operators and state agents of justice to the fulfillment of guarantees before the invocation and demand for justice. This research has been developed within the framework of the conventional evolution of the States Parties and the duty to submit to the stipulations of the American Convention on Human Rights Pact of San José, Costa Rica, which took place between November 7 and 22, 1969, in order to defend the Essential Rights of Man, understood as attributes of the human person, which merit International Protection and should not be subject to the discretion of the States, their rules or their legislators, which would be detrimental to Human Dignity.
La pena de prisión perpetua para violadores y asesinos de menores en Colombia frente al principio de la dignidad humana.
(Universidad Santo Tomás, 2022-11-22) Ángel Gonzalez, Miguel Antonio; Rodríguez Reyes, Henry Salatiel; Forero Forero, Jose Rory; Universidad Santo Tomás Tunja
This research work deals with the issue of life imprisonment for rapists and murderers of minors in Colombia against the principle of human dignity. Understanding the criminal dynamics that are currently being handled in Colombia, understood with an accelerated growth in the commission of crimes against children and adolescents. Due to the lack of institutional presence of the state to mitigate this type of events, and the clamor of society for real and effective measures to be instituted to reduce this type of behavior. For which a descriptive study was carried out, through which a comparative analysis was carried out on the legislation around life imprisonment, as well as the nuances and the development that this figure has had in Colombia, going through the conceptual, doctrinal foundations and jurisprudence of human dignity understood as the main foundation of criminal activity in Colombia, to then carry out an analysis of emblematic cases and finally generating a value proposition around the institutional work of the state and an alternative to be able to implement within our territory the figure of life sentence. Key Words: Life sentence, abuse, rights, human dignity, children and adolescents.
Justicia transicional: aristas problémicas del acceso a la justicia.
(Universidad Santo Tomás, 2022-10-06) Hernández Sánchez, Martín; Sáenz, Deiby; Universidad Santo Tomás Tunja
Transitional justice, synonymous with dilemmas that States must fase, common according to international experience, in those that adopt a series of political and legal mechanisms and institutions that allow them to judge the perpetrators, guarantee the rights of victims to the truth, justice and reparation, in order to overcome serious violations of human rights and international humanitarian law or the search for democratic regimes, one of these problems being access to justice. Each event is unique, different from the others, given the cultural, social, political, economic conditions of each State, it is unfeasible to transfer it to another, without considering its conditions. In Colombia, the signing of the agreement for the termination of the armed conflicto, between the government and the FARC EP guerrillas, provided for the implementation of the Special Jurisdiction for Peace, wich through Recognition Rooms, Definition of Legal Situations, the Appeals Section of the Tribunal for Peace, through a dialogical procederé; through reports from civil society , from other jurisdictions, especially the ordinary criminal one, the participation of the victims and the contribution of those appearing, a restorative dialogic truth can be built. In order to determine the treatment of the victims, the obstacles to guarantee Access to justice, such as the success of the JEP experience, through a documentary theoretical Exploration, with the deductive method, the review of scientific articles such as the study of provisions of the Special Jurisdiction for Peace. The results of the investigation show that treatment given to those appearing depends on the fulfillment of the commitment to contibute to the truth, and muste ven exceed the judicial threshold of ordinary criminal proceedings, coupled with respect for the rights of the victims, to obtain benefits or exclusión from the system. Keywords: Transitional justice, human rights, international humanitarian law, JEP, victims, participation, appearing parties.
La antijuridicidad material por ausencia de lesividad en los delitos abusivos con menor de 14 años en Colombia. Una mirada constitucional y social.
(Universidad Santo Tomás, 2022-09-29) Avellaneda Peña, María Angélica; Rodríguez Acevedo, Manuel; Forero Salcedo, José Rory; Universidad Santo Tomás Tunja
The present research work emerges from the concern to analyze the objective elements of the abusive criminal types of sexual freedom, integrity and training, and from them to identify in which cases, despite the relapse of the punishable conduct on minors under fourteen years of age, the aforementioned legal good is not injured. To arrive at the resolution of the legal problem, the dogmatic concept of anti-juridically had to be analyzed, either as an autonomous category of the crime or as an essential element to determine in which events the legal good is injured or effectively endangered. Likewise, we rely on various decisions issued by the Honorable Constitutional Courts, Supreme Courts of Justice, Superior Courts of the Judicial District and Judges of the Republic, within which similar cases were studied such as those that we are interested in concluding in which the concept of harmfulness was not updated and that for the same reason most of them resorted to the preclusion of the investigation, which does not prevent under the same circumstances from issuing an acquittal in favor of the active subject of the action. Finally, and with regard to the ability of minors to freely dispose of their sexuality, we rely on sciences such as psychology and sociology to establish that it is not the same to analyze the behavior and development of a minor when constructing the legal norm that aims to protect their interests and the current adolescents who, although they hold a minority of 14 years, they cannot therefore be automatically classified as incapable from the orbit of criminal law.

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