Maestría Derecho Penal

URI permanente para esta colecciónhttp://hdl.handle.net/11634/1519

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Técnicas avanzadas de interrogatorio y contrainterrogatorio en el sistema penal oral acusatorio
(Universidad Santo Tomás, 2025-09-09) Beltrán Orduz , Juan Pablo; Bárcenas Espitia , Edgar; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001663043; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001726039; https://orcid.org/0009-0003-2228-9271
This paper develops advanced interrogation and cross-examination techniques in the oral accusatory criminal justice system, emphasizing their importance in constructing and sustaining the theory of the case. It makes special reference to the difference between strategy and tactics, defining the difference between the two, specifically that the former corresponds to the overall vision of the case, while the latter corresponds to the specific actions that put that strategy into practice. It also refers to the influence of artificial intelligence as a complementary tool for analyzing cases subject to criminal proceedings, preparing questions for interrogation and cross-examination, and optimizing technical defense, without replacing human judgment. Finally, the dynamic nature of criminal law and crime is highlighted, which requires litigators to stay up to date and flexible, not only in the use of techniques, but also in the use of new technologies applied to justice.
Macrocriminalidad" en la Jurisdicción Especial para la Paz: análisis crítico de la atribución de Responsabilidad Penal y el Principio de Legalidad en el Auto 019 de 2021
(Universidad Santo Tomás, 2026-04-28) Jaimes Vargas, Juan Camilo; Narvaez Solarte, Edgar Andres; Malambo Ospina, Fredy Alejandro; Universidad santo Tomás
This paper analyzes the treatment of macro-criminality in the Special Jurisdiction for Peace (hereafter JEP) through the study of Auto 019 of 2021, issued in Macrocase 01 concerning kidnappings and serious deprivations of liberty committed by the FARC-EP. The research examines two fundamental legal aspects: the application of the theory of indirect co-perpetration through organized power structures to attribute criminal responsibility to the top commanders, and the tensions generated by the application of the principle of legality when categories of international criminal law not expressly codified in national legislation at the time of the events are used. Through a comprehensive documentary analysis, the study evaluates how the JEP has developed innovative methodologies to document more than 21,000 kidnapping cases, build systematic contexts, and assign responsibility to the eight members of the FARC-EP Secretariat. The findings reveal that, although the adopted model represents significant advances in the judicial treatment of systematic criminality, tensions persist between traditional criminal guarantees and the demands of effectiveness in transitional justice. The study concludes that the JEP’s experience offers valuable lessons for the development of international criminal law, demonstrating that it is possible to build sophisticated legal responses to massive violence without sacrificing fundamental principles of the rule of law, although this balance presents operational and conceptual challenges that require continuous attention Keywords: macro-criminality, Special Jurisdiction for Peace, indirect co-perpetration, principle of legality, transitional justice, organized power structures
Propuesta Legislativa Para La Regulación De La Prueba De Refutación En El Sistema Penal Acusatorio De Colombia Ley 906 De 2004
(Universidad Santo Tomás, 2026-04-20) Buitrago Jiménez, Gerson Yesid; Parada Rueda, Rodrigo Javier; Universidad Santo Tomás
The research focuses on rebuttal evidence and its underdeveloped regulation in Colombia since Law 906 of 2004, and it analyzes this legal institution through a comparative approach with the criminal law systems of Chile and Ecuador. The purpose is to assess the scope of these regulations and to support the incorporation of this evidentiary instrument into Colombia’s accusatorial criminal justice system. Accordingly, the study examines the basic requirements, characteristics, and procedural opportunities of rebuttal evidence, as a preliminary step to analyzing the substantive doctrine governing rebuttal evidence, and ultimately recommends the introduction of a specific provision within Colombian criminal procedural regulations that expressly develops and regulates rebuttal evidence.
La exclusión probatoria del documento electrónico en materia penal
(Universidad Santo Tomás, 2026-02-02) Mejía Trilleras, Sandra Tatiana; Ibarra Sánchez, Cristian David; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001460373; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001656250; https://scholar.google.com/citations?user=KFUySs8AAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4612-6509
The Colombian criminal process has undergone significant transformations since Legislative Act 03 of 2002, which introduced the accusatory system focused on orality and the protection of fundamental rights. In this framework, electronic documents—particularly data messages such as those exchanged via WhatsApp—have become increasingly relevant as evidence. However, their use in court raises tensions between investigative efficiency and the right to privacy. This paper analyzes, from both substantive and procedural perspectives, the requirements for the admissibility of such evidence in criminal proceedings, as well as case law allowing its use without judicial authorization when voluntarily handed over. The analysis draws on legal norms, scholarly doctrine, and rulings of the Supreme Court of Justice to develop a critical perspective on the potential infringement of fundamental rights, advocating for a rights-based approach to due process.
Derecho penal y revolución digital: Desafíos y soluciones para regular crímenes cometidos en la era tecnológica
(Universidad Santo Tomás, 2025-10-10) Criado, Danilo Alejandro; Bárcenas, Edgar; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001489457
Law is generally retrospective, reacting to events that have already occurred; on the other hand, technology is proactive and develops without waiting for legislative approval. (LUÑO, 2012) argues that technology progresses at a speed that the legislative process cannot match, creating a gap that impedes development. This discrepancy between the legal response time and that of technology causes numerous regulations to be implemented late, hindering the development of emerging technologies in a regulated and secure environment. Considering that legal rigidity represents one of the main impediments to digital progress, it is essential to apply more versatile and adaptable methods. (Erdélyi & Goldsmith, 2022) suggest the idea of a "dynamic regulatory architecture," where the law not only remains static but can also adjust to contemporary technological demands. This approach would entail: the establishment of provisional regulatory frameworks that facilitate regulated experimentation with novel technologies, preventing their prohibition without a thorough examination of their consequences; technology review organizations within legislative bodies that monitor technological progress and report on the need to update outdated regulations; and regulations based on principles, rather than rigorous standards, that enable judges to adjust decisions to technological progress. Roxin supports this perspective in his theory of crime, stating that the law should prevent overly strict rules that disregard social evolution (Roxin C., 2006). The progress of artificial intelligence has created new possibilities and challenges for the field of criminal law. Although AI can simplify law enforcement through prevention and assessment tools, it also enables the emergence of new types of crimes. Two sectors particularly vulnerable to these new types of crimes are money laundering and terrorist financing, due to the potential for Artificial Intelligence to be used to conceal or simplify criminal activities. This study aims to examine how criminal law can address these challenges by defining an appropriate regulatory framework for the conduct that can be carried out through the use of Artificial Intelligence in these crimes.
Peligro para la Comunidad o la Víctima Como Requisito para Imponer una Medida de Aseguramiento en Colombia
(Universidad Santo Tomás, 2025) Astaíza Castilla, Claudia Janeth; Ibarra Sánchez, Cristian David; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001460373; https://scholar.google.com/citations?user=KFUySs8AAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4612-6509
Over the last few years, the Colombian high courts have had the task of interpreting the constitutional purposes for imposing a precautionary measure. This work will address the research problem of how the Supreme Court of Justice understands the requirement of danger to the security of society or the victim, for the imposition of a precautionary measure. The above, taking into account the recent decisions of important organizations such as the Inter-American Court of Human Rights, who seek to ensure that the requirements of necessity, proportionality, reasonableness and legality of the measure are met in the best way, seeking that criminal systems start from mainly objective decisions and not from mainly subjective decisions as may be happening since the beginning of the accusatory criminal system in Colombia. Based on a jurisprudential analysis from 2004 to 2024, it will be established whether there is a variation over the years on the way of understanding this requirement or if on the contrary we are faced with a serious gap in interpretation
La Configuración de la Estafa en Contratos de Adquisición de Inmuebles : Fenómeno Normativo - Política Criminal Dogmático Penal Especial
(Universidad Santo Tomás, 2024) Sánchez Suárez, David Santiago; Solórzano, Carlos Roberto; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001907173; https://orcid.org/0000-0002-5120-0331
This article will address the definition of the crime of fraud in real estate acquisition contracts with construction companies under the guise of legality and the maneuvers that may arise within the contractual relationship. It will analyze the moments in which punishable conduct may occur by some construction companies in the formalities and development of the contract with the passive buyer. The proposed topic will be addressed through jurisprudential pronouncements and facts that have been presented in news and journalistic reports that describe this situation. Among the most famous are the lawsuits involving the Space building in Medellín, the Acierto Real Estate Construction Company, published in reports by Semana Magazine and the IFM Noticias website, and events that occurred in the department of Antioquia and the Coffee Region (cases that are currently being investigated by a representative of the Prosecutor's Office). To begin with, the crime of fraud is stipulated in the Colombian Penal Code in Article 246, understood as that in which the active subject (the person who commits the crime) provokes the passive subject (the victim) through deceptive maneuvers in order to obtain an economic benefit. However, understanding and defining fraud from a legal perspective requires a detailed analysis of the elements that comprise this criminal offense, as well as the interpretation and application of these regulations by legal practitioners. To this end, it is important to be clear about the elements of fraud. Regarding this topic, various decisions by both the Supreme Court of Justice and the various district courts have established the following: "The Court has specified the following elements as structural elements of the crime of fraud: a) Deployment of a device or deception intended to mislead the victim; b) Error or false judgment of the person deceived, determined by the scheme; c) Obtaining, through this means, an illicit profit; d) Corresponding harm to another; and e) Causal succession between the device or deception and the error, and between the latter and the unjust profit that results in property damage to another" (Superior Court of Pereira (2019) (ELEMENTS THAT TYPOGRAPH THE CRIME OF FRAUD, 2019). Hence, the elements of the crime of fraud play an essential role. Each element complements the next; that is, if one is missing, the crime of fraud cannot be established. All of these elements have a causal relationship with each other, with the purpose of establishing the criminal nature, wrongdoing, and culpability, and ensuring that justice is properly administered. However, we can see that the crime of fraud directly affects a person's assets. In this regard, the Constitutional Court stated: "The assets of individuals are a fundamental constitutional right because, without them, a person could not fulfill his or her role as a social being, since he or she needs them to fulfill himself or herself and must have them to meet at least the economic needs of survival for himself or herself and his or her family." (T-553-93, Constitutional Court, November 30, 1993). (Challenge of the rulings on protection/right to property, 1993) That is, this offense affects the economic assets belonging to a natural or legal person. This type of crime can arise through a voluntary agreement—a contract. However, in the scenario presented here, we would not be talking about a breach of contract within the framework of contractual civil liability, which "is structured based on the actor's conduct, and the damages are related to the breach of contract." This analysis involves a review of the different types of fraud contemplated by Colombian law and the doctrinal and jurisprudential interpretations that have emerged, focusing on the crime of fraud in the contractual sphere and the impact this may entail on a change in the approach taken by the justice system and by prosecutors' offices for a specific analysis, in order to provide a possible response to the criminal policy sphere when these types of punishable acts of fraud and related crimes arise in the contractual sphere (legal schemes) of the purchase and sale of real estate with construction companies.
Incidencia De la Perspectiva De Genero En el Estandar De Prueba Para Condenar En el Sistema Penal Colombiano
(Universidad Santo Tomás, 2025-06-24) Burbano Herrera, Lenin Guillermo; Ibarra, Cristian; Universidad Santo Tomás
This article analyzes the impact of the application of the gender approach on the standard of proof for sentencing in Colombian criminal proceedings. It argues that, in certain jurisprudential interpretations by the Criminal Chamber of the Supreme Court of Justice, the application of this perspective could lead to a relaxation of the evidentiary standard, jeopardizing fundamental principles such as due process, the presumption of innocence, and legal certainty. Through a critical analysis of various rulings, the article examines how the assessment of evidence from a gender perspective could disregard the rigor required by the Code of Criminal Procedure and the principle of in dubio pro reo. To this end, the article draws on Jordi Ferrer Beltrán's theoretical framework on the standards of proof to support the critique and highlight the potential consequences of this jurisprudential trend on the system of procedural guarantees in Colombia.
El Rol de la Victima en la Imputación Objetiva del Delito de Estafa
(Universidad Santo Tomás, 2025-06-17) Henriquez Gomez, Ana Maria; Ibarra Sanchez, Cristian; Mendoza Perdomo, Juan Francisco; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001595783; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001232487; https://scholar.google.com/citations?user=KFUySs8AAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4612-6509; https://orcid.org/0000-0002-2741-6976; https://orcid.org/0009-0007-6882-3272
The crime of fraud in Colombia consists of obtaining an illicit financial benefit through the performance of deceptive maneuvers or artificial means by the agent; This asset detachment is carried out not by expression of will on the part of the victim, but by the distorted understanding of reality due to deceptive maneuvers. In this regard, the relevance of the victim's behavior in the consummation of the crime is analyzed, the existence of the duty to exhaust due diligence on the part of the victim and/or a duty to exercise acts of self-protection when developing behaviors is considered. typical of human relationships (businesses, deals, agreements, among others).
Protocolo Investigativo del Delito de Desaparición Forzada, dentro del Contexto de las Llamadas Ejecuciones Extrajudiciales
(Universidad Santo Tomás, 2025-06-17) Pinzón Mora, Jorge Ernesto; Ibarra Sánchez, Cristian David; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001595783; https://scholar.google.com/citations?user=KFUySs8AAAAJ&hl=es&oi=ao; https://orcid.org/0000-0003-4612-6509
The contexts in which this work is developed are those cases in which there are aggravated homicides or homicides of protected persons by members of the public forces, which are exhibited as alleged combats, which the media have called “extrajudicial executions”, within which I consider that comprehensive investigations are not being carried out by the judicial police or judicial operators, because in many cases there is evidence of elements constituting the crime of Forced Disappearance (hereinafter FD) and this punishable offense is not investigated. The main objective of this topic is to demonstrate that in cases of homicides by State agents, within the so-called “extrajudicial executions”, in a large number of events there are material evidentiary elements that allow the construction of certain hypotheses related to the existence of the crime of FD, which must be investigated and concurred, since it is an autonomous and independent crime, of which it cannot be indicated that there is subsumption with the punishable crime that attempts against life. This study has an investigative focus, with a view to suggesting some tasks that should be carried out by those in charge of carrying out investigations into the offenses discussed here.
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 Daniel
The 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.
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/0009-0006-8294-7629
The 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.
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/0000-0002-2741-6976
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 Javier
Full 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.
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 Tomás
Faced 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.
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/0000-0003-4768-2224
This 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.
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/0000-0003-0590-2575
The 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.
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=0001820112
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 Tomás
This 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 rights
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 Tomás
The 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.

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