Maestría Derecho Penal
URI permanente para esta colecciónhttp://hdl.handle.net/11634/1519
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Ítem Estándares de la auto puesta en peligro del usuario por la interacción con los prototipos de aprendizaje Autónomo: Chatsbots Inteligentes(Universidad Santo Tomás, 2025-01-29) Areniz Martinez, Leonardo André; Arias Lozano, Carlos DanielThe objective of this study is to analyze the criteria of user self-responsibility in the interaction with intelligent Chatbots and how these influence legal protection under Colombian criminal law. Using a qualitative approach, the associated risks of AI, the lack of adequate regulation, and the challenges of attributing criminal responsibility to autonomous systems are explored. The results highlight the need to develop legal frameworks that protect user rights and mitigate risks. Relevant incidents and international legislative advances are discussed, proposing solutions for effective AI regulation in Colombia and its impact on security and justice.Ítem Escuchas Ilícitas, un Comodín que Suple las Exigencias de los Modelos Tarifados de Vigilancia y Restricción(Universidad Santo Tomás, 2016-10-10) Carvajal Quintero, Hilda Astrid; Moya Vargas, Manuel Fernando; Universidad Santo Tomás; https://scholar.google.com/citations?user=okcBVmcAAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4969-9310; https://orcid.org/0009-0006-8294-7629The interception of communications in Colombia is an investigative act with minimal legislative regulation, extensive doctrine, and constantly evolving jurisprudence. This research examines whether this investigative mechanism is an arbitrary act of the State, lacking prior constitutional authorization and restricting fundamental rights of both suspects and third parties not involved in the process. It argues for its exclusion from criminal proceedings due to its potential violation of human rights. The study addresses four main axes: the impact on the principle of non-self-incrimination ("nemo tenetur se ipsum accusare"), the violation of the right to privacy of uninvolved interlocutors, the legality of evidence under international standards, and the application of the exclusionary rule in comparative law. It critically examines the intersection between fundamental guarantees and investigative efficiency, highlighting the disproportionate use of criminal law in the context of the "enemy criminal law." From a structural-functionalist approach and through doctrinal, normative, and jurisprudential analysis, the study questions the constitutional validity of communication interception and its impact on the justice model. Colombian and international legal frameworks are contrasted to assess the coherence and legitimacy of this practice within the criminal system. Finally, a critical review of the justice administration system is proposed to ensure respect for fundamental rights and prevent the instrumentalization of citizens as mere means for penal efficiency.Ítem El Aporte Moral en la Coautoría(Universidad Santo Tomás, 2024) Torres Ortiz, Paula Andrea; Mendoza Perdomo, Juan Francisco; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001232487; https://orcid.org/0000-0002-2741-6976Ítem Aplicación del principio de oportunidad por reparación integral en el delito de Ecocidio(Universidad Santo Tomás, 2023-11-27) Ortiz Gonzalez, Yvone; Gutierrez Olave, Andrés Felipe; Valencia Caballero, Cesar JavierFull reparation through the principle of opportunity in ecocide cases is an important tool to address serious environmental damage caused by human activities, promote individual responsibility and restore ecosystems. It can also contribute to the prevention of future ecocides and to the global commitment to protect the environment. Ecocide is a problem that requires effective solutions worldwide. The use of the principle of opportunity to address these cases can foster a more coherent and coordinated approach at both the national and international levels in the fight against environmental degradation.Ítem La Política Criminal Ambiental con carácter preventivo en Colombia según los postulados de la Criminología verde(Universidad Santo Tomás, 2024) Rojas Palacios, Fabio Jeffrey; Peñas Felizzola, Aura Helena; Gómez Jaramillo, Alejandro; Universidad Santo TomásFaced with the current difficult conditions that require stopping the accelerated damage to the environment, especially with regard to the reduction of CO2 emissions, the international community has applied pressure. This effort comes from various supranational environmental protection organizations and social organizations such as: the Inter-American Environmental Defense Association (AIDA), CEDHA, the UN and the group of international jurists who proposed the inclusion of the fifth international crime before the Rome Statute. Other actors, such as the Center for Human Rights and Environment, Ecojustice and the International Environmental Prosecutor's Office, have also joined this cause. The goal is to ensure that the international law norms that regulate environmental damage have a criminal nature, within national and international legal systems. Additionally, there is a tendency towards the conceptualization of damage to the environment as a crime against humanity, which leads to the consequent responsibility of States before the International Criminal Court. Evidence of this approach is found in the publication of the document to select and prioritize cases of environmental crimes, presented by the ICC Prosecutor's Office on September 15, 2016. According to paragraph 41 of said document, the evaluation of the impact derived from these crimes, considering the degree of environmental damage generated. This approach generates a special evaluation to apply judicialization to crimes contemplated in the Rome Statute that are linked to the destruction of the environment. (Campusano D.R; Acevedo E.H, 2018) In the current context, the ambiguities or doubts to recognize the crime of environmental crime focused on International Criminal Law (ICC), have made progress, especially in the definition of terminologies on environmental crimes. This progress is based on various documented academic research, according to Mistura (2018, p.196). Currently, green criminology exceeds national criminal regulation and tends to be defined as a crime against humanity, specifically the crime of ecocide, along with war crimes, crimes against humanity and genocide. For its part, Colombian legislation is aligning with international trends, as seen in the promulgation of Law 2111 of 2021, titled: “by which Title XI 'Of crimes against natural resources and the environment' of Law 599 of 2000, Law 906 of 2004 is modified and other provisions are issued.” This law gives special importance to the inclusion of ecocide as an environmental crime, stating in its article 1 that it replaces, among others, article 333 of the Colombian Penal Code. The criminal implications that derive from this norm, such as the adjustment in the criminal code and its impact on public policies and Colombian criminal policy (Consejo Superior Criminal Policy, 2016) This requires a shift in sanctioning procedures through the institutions responsible. The main objective of this action lies in the evaluation of environmental policies, observing the environmental criminal policy in Colombia, with the purpose of verifying whether they are adjusted to the criteria of green criminology. The methodology adopted for this research is dogmatic in nature. A systematic review was carried out in bibliographic databases that included specialized scientific articles, books, scientific journals, among others. In addition, national rulings of the Constitutional Court related to the conflicts that arose around the application of Law 2111 of 2021 were examined. In conclusion, a deficiency is identified between Law 2111 and the implementation of organizations for judicialization, based on the respective inspections, where the flow charts of the procedures effectively coordinated between the institutions involved are not appreciated. This affects the effectiveness of the application of the Law.Ítem Obstáculos en el Acceso a la Justicia de Hombres Víctimas de Violencia Intrafamiliar en Soacha (Cundinamarca, Colombia)(Universidad Santo Tomás, 2023-07-12) Ospina Mateus, María Paula; Peñas Felizzola, Aura Helena; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000429554; https://orcid.org/0000-0003-4768-2224; https://orcid.org/0000-0003-4768-2224This work is inspired by the framework of Empirical Legal Studies, a trend that followed Law and Society (Eisenberg, 2011). Empirical legal studies aim to promote understanding of legal phenomena by bridging the gap between legal theory and the practice of law as a profession. An increasingly common situation is that the Colombian criminal justice system must process violent couple conflicts, in some cases the complainant of violence is a man, through this research work, I have been able to document the large number of obstacles for them to access justice, derived from gender stereotypes that emerge in the justice operators in charge of receiving the complaint, investigating and criminally accusing. These obstacles make it difficult for men to process their conflicts through legal, peaceful means that respect the rule of law. And eventually, it could be related to an escalation of intimate partner violence.Ítem La Sistematicidad y la Jurisdicción Especial para la Paz(Universidad Santo Tomás, 2023-07-11) Gaitán Peñaloza, César Augusto; Ramírez Montes, Sandra Patricia; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001583935; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000135989; https://scholar.google.com/citations?hl=es&user=4-vf6wcAAAAJ; https://orcid.org/0000-0003-1938-7295; https://orcid.org/0000-0003-0590-2575The purpose of this research work is to elaborate a study of the concept of systematicity as a dogmatic element of international criminal law used in transitional justice criminal law, corresponding to the Comprehensive System of Truth, Justice, Reparation and Non-Repetition (SIVJRNR), created by the Final Agreement for the termination of the conflict and the construction of a stable and lasting peace, signed between the National Government and the plenipotentiaries of the Revolutionary Armed Forces of Colombia (FARC) on November 24, 2016. Said study has as teleology to establish if the concept of systematicity implemented by the Special Jurisdiction for Peace corresponds in its nature to the dogmatic concept built in the jurisprudence of the International Criminal Court (ICC) based on the interpretation and application of the norms of the Statute. of Rome (RE). In order to fulfill said purpose, the following will be studied: i) the background, origin and concept of systematicity in international criminal law; ii) the dogmatic elements that compose it; iii) the teleology of the concept in current international criminal law; and iv) the development of the notion in vernacular law. In order to comply with the last of the paths described in the previous paragraph: i) the concept of systematicity in Colombian constitutional law will be studied, specifically, in the jurisprudence of the Constitutional Court regarding the norms of the SIVJRNR and international criminal law; ii) the concept of systematicity adopted by the Criminal Cassation Chamber of the Supreme Court of Justice, as the closing body of the criminal jurisdiction, will be analyzed; iii) the norms of substantive law of constitutional and legal rank that regulate the systematicity in the Colombian criminal law of transitional justice will be studied.Ítem La Culpabilidad Material en el Estado Social de Derecho(Universidad Santo Tomás, 2023-07-10) Erazo Morillo, Jimmy Raúl; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001820112Ítem Potestad sancionatoria de la PGN: Marco normativo creado por el caso Petro Urrego en la Corte IDH(Universidad Santo Tomás, 2023-07-05) Valero Correa, Luz Yamile; Universidad Santo TomásThis article examines the scope of the sanctioning power exercised by the Office of the Attorney General (PGN) against publicly elected officials in accordance with the new regulatory framework created by the Petro Urrego case, focusing on determining whether the modifications made to the oversight authority of the administrative entity comply with the international standards enshrined in the American Convention on Human Rights (CADH). To this end, a comparison is made between the norms of the Colombian disciplinary regime and the judicial guarantees and political rights enshrined in the treaty, revealing whether the characteristics of the disciplinary power are consistent with the international legal instrument The conclusions highlight a legislative oversight and substantial omission in complying 2 with the guidelines set forth by the CADH. It is essential to address this issue and correct the identified deficiencies in order to ensure respect for and protection of the political rights of all publicly elected officials and to ensure full compatibility of the Colombian legal framework with the international obligations assumed in the field of human rightsÍtem Análisis de la figura de los preacuerdos en el tipo penal de feminicidio(Universidad Santo Tomás, 2023-06-15) Cañón La Rotta, María Camila; Mejía Gallego, Mateo; Universidad Santo TomásThe accelerated growth of femicide cases in Colombia with different schemes, conditions and factors have encouraged the author of this research process, to analyze the feasibility of applying the Figure of pre-agreements in the criminal type of femicide, despite the prohibition of Article 5 of Law 1761 of 2015 which is focused on the refusal to enter into pre-agreements in this criminal type on the facts charged and their consequences. In the exposed relationship, it is of great interest to analyze whether a pre-agreement that does not modify the factual aspect and its consequences in the crime of femicide can be applied. To this end, the first chapter will analyze the continuum of extreme violence of which women have been victims for the simple fact of being women for a long time. In this sense, we will review the distinction between sex and gender, the gender stereotypes that have generated so much violence, and then analyze gender violence against women. The first subchapter will also analyze the cognitive configuration of femicide as extreme violence against women as well as the types of femicide and the need to criminalize this crime in Latin America. In relation to subchapter two, a legislative review will be made both at the national and international level in relation to the obligations of the States regarding the protection of women, in order to analyze the reasons that the legislator had for creating the criminal offense of femicide as an autonomous crime of homicide. After analyzing the above-mentioned issues, the second chapter will analyze the origin of the figure of pre-agreements in Colombia, for which purpose a brief study of the accusatory system of the United States will be made, The purpose of this study is to establish the reasons why the Colombian State saw the need to implement by means of legislative decree 03 of 2002 the alternative exits within the criminal process in order to have a quick and effective justice. In addition to the above, the purposes and nature of pre-agreements will be established in order to determine the modalities and types of pre-agreements in the Colombian criminal system. In accordance with the above guidelines, the third chapter seeks to determine whether a pre-agreement can be applied to the crime of femicide that does not modify the factual aspect and its consequences.Ítem La prevaricación por desconocimiento del precedente judicial en Colombia(Universidad Santo Tomás, 2022-12-19) Rengifo Caicedo, Paola; Mendoza Perdomo, Juan Francisco; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001232487; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001634180; https://scholar.google.com/citations?hl=es&user=sF0bS3UAAAAJ; https://orcid.org/0000-0002-2741-6976The purpose of this investigation is to establish whether or not the possibility of incurring in the criminal conduct of breach of official duty by action due to ignorance of jurisprudential precedent by judicial officials is likely to affect the principle of individual judicial independence, defined as the one that regards the judge specifically as an independent official even from other members of the judiciary, who must settle the conflicts brought to their attention by applying the law free of any incentive or urgency.Ítem El soldado y su familia víctima de la amenaza híbrida(Universidad Santo Tomás, 2023-04-18) Sánchez Sánchez, Carlos Iván; Naranjo Alvarez, Jorge Humberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000037769; https://orcid.org/0000-0002-7630-6626The objective of this paper is to reaffirm that the Soldiers of the Colombian Military Forces are also victims of the hybrid threat (combination of conventional warfare and irregular warfare such as subversion, insurgency, guerrillas, sabotage, terrorism, criminal activity, cyber-crime). to attack the military, economic, political, social, legal and educational sector) (Army Campaign Manual MCE 3-24.0, 2021), which has been presented in Colombia since 1964; There is no "symmetrical, equitable, balanced and differentiated treatment for members of the Public Force" (Art. 21, A.L. 01, 2017), contained in the Constitutional reform through a system with judicial and extrajudicial mechanisms and rules for its operation, to guarantee the rights to truth, justice, reparation and non-repetition (SIVJRNR), which upon receiving reports from civil society organizations, as a mechanism for access to justice and the first expression of the right to participation of victims before the Jurisdiction , study the opening of new macro-cases (JEP, 2018), with the purpose of having more information about facts generated by the Colombian armed conflict, which according to the parties could constitute violation of Human Rights and infractions of International Humanitarian Law; likewise, include in the Single Registry of Victims (RUV) the soldiers who have declared victimizing acts. It is sought that in the recognition processes of those who have suffered the consequences of the country's violence, members of the Public Force and their families are taken into account as victims of the hybrid threat, with the purpose of contributing to a stable peace. and lasting, to be heard and have a place in the collective memory, since it should not be forgotten that the Soldier has been the main builder of peace and tireless defender of the guarantees, rights and freedoms of all Colombians.Ítem La voz de Los niños, niñas y adolescentes reclutados: lecciones foráneas para su participación en futuros mecanismos de justicia transicional en Colombia(Universidad Santo Tomás, 2023-03-14) Botía Hernández, Nancy Judith; Óscar Leonardo Aguillón Duarte; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001341556; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000060350; https://scholar.google.com/citations?hl=es&user=YwOlaM0AAAAJ; https://orcid.org/0000-0002-3958-4504The documentary-type qualitative research with a perspective of criminal legal analysis and a human rights approach that is presented establishes the main lessons that foreign transitional justice processes in Sierra Leone and Liberia (Africa) yielded on the participation and treatment of listening to the voice of children and adolescents (NNA) recruited in the framework of their armed conflicts, experiences that can serve as a reference to eventually apply them by way of complementing and strengthening current and future transitional justice mechanisms in Colombia.Ítem La preterintención es una modalidad de la conducta punible obsoleta conforme al derecho penal vigente(Universidad Santo Tomás, 2011) Merlano Garrido, Héctor TerceroThe present study of preterintention within the structure of criminal legal dogmatics, in order to develop the hypothesis on its real validity in contemporary criminal law, and specifically in Colombian criminal law, must be approached in the first place, based on a very deep judgment about the verifiability of guilt with representation and the modern conception of eventual malice. After going through a historical perspective of the criminal modality -starting- with the ideological subjection to the classical system of Liszt-Beling, assumed in the line of thought of naturalistic positivism and its stellar line, in which crime is a binary system in which the objective and the subjective are differentiated.Ítem El proceso de mediación como expectativa de las víctimas y necesidades superiores del menor transgresor de la ley penal(Universidad Santo Tomás, 2011) Floriano Escobar, RonaldÍtem El nullum crimen sine lege en los crimenes de lesa humanidad del Estatuto de Roma, frente a los principios del derecho interno(Universidad Santo Tomás, 2010) Sandoval Mesa, Jaime AlbertoÍtem Importancia de la conducta punible de inasistencia alimentaria en la legislación Colombiana : frente a las circunstancias personales del menor víctima(Universidad Santo Tomás, 2011) Chamat Lozano, Alma GertrudisÍtem La jurisdicción universal(Universidad Santo Tomás, 2011) Peñafort Sarmiento, Hugo AlcidesÍtem ¿Es el juicio en ausencia en el procedimiento penal colombiano, una garantía para los derechos constitucionales del ausente?(Universidad Santo Tomás, 2022-01-24) Cruz Mahecha, Marìa Yazmin; Pregrado Negocios Internacionales; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001232487; https://scholar.google.es/citations?user=sF0bS3UAAAAJ&hl=es; https://orcid.org/0000-0002-2741-6976Ítem Las garantías procesales y el derecho a la libertad : Reconocimiento en el orden jurídico penal colombiano en razón de la implementación del sistema penal con tendencia acusatoria y de responsabilidad penal de adolescentes(Universidad Santo Tomás, 2014-05-21) Loaiza Guerra, Gloria Patricia; Velosa Escobar, Rosa Irene; Universidad Santo Tomás