Especialización Derecho Penal
URI permanente para esta colecciónhttp://hdl.handle.net/11634/138
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Tipo de ítem: Ítem , Trata de personas(Universidad Santo Tomás, 2025-06-18) Morales Rico, Sandra Milena; Franco Téllez, Julieth; 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/0000-0002-4890-7539This article analyzes international cooperation mechanisms aimed at combating human trafficking in American countries with a focus on the effectiveness of legal instruments and international institutions. Key regulatory frameworks are explored, such as the Palermo protocol and the role of organizations such as the OEA and INTERPOL in the design and implementation of joint strategies such as training local border authorities, the exchange of information and the coordination of transnational operations to dismantle trafficking networks. In addition, the progress made in the cross-border coordination of international institutions is examined and the most relevant operational limitations are identified, such as the lack of legislative harmonization, insufficient resources, corruption and institutional weaknesses. The analysis includes the international legal instruments that cover this crime in order to prevent more cases and the response of states such as laws, programs or policies implemented internally. Finally, strategies are proposed to strengthen international mechanisms, such as the creation of more efficient monitoring tools and the promotion of comprehensive policies, such as joint campaigns that guarantee the special protection of victims of human trafficking. This article therefore highlights the importance of efficient coordinated action at the international level to prevent, combat and eradicate human trafficking in the American hemisphere.Tipo de ítem: Ítem , ¿Beneficios punitivos para los agresores de los delitos sexuales o una mejora para las víctimas y la eficacia de la administración de justicia en los delitos contra la libertad, integridad y formación sexuales?(Universidad Santo Tomás, 2025-07-25) Matos Granados, Juan José; 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/0000-0002-4890-7539This article aims to demonstrate the need to reflect on the absolute prohibition of punitive benefits for the acceptance of charges in crimes against freedom, integrity, and sexual formation within the accusatory criminal system. Based on principles such as human dignity, orality, and the rights of victims, it is argued that the rigidity of the current regulations contributes to judicial congestion, impunity and revictimization. The penalties foreseen for the main sexual crimes are exposed, as well as the norms thar exclude this title of the penal code from any punitive benefit or penal subrogation. Recent statistics show the high number of complaints, the low rate of convictions, and the structural problems of the judicial system. The article argues why acceptance of charges should be allowed as a punitive benefit. It attracts significant benefits for the efficiency of the adversarial system such as the reduction of hearing, institutionalization, strengthening, prevention of nullities, and emotional protection of victims. In addition, a possible positive impact on the perception of a more effective justice system is highlighted, especially in regions with high judicial congestion. Finally, a call is made to overcome the social rejection that this proposal usually arouses, understanding that its purpose is not leniency towards the aggressors, but to guarantee a timelier, restorative and victim-centered justice for the victims of sexual crimesTipo de ítem: Ítem , Prueba de referencia respecto a menores víctimas de delitos contra libertad, integridad y formación sexual(Universidad Santo Tomás, 2025-07-25) Toro Velasquez, Maria Camila; Delgadillo Niño, Andersson Steven; Riveros Cruz, Julian Leonardo; Universidad Santo Tomas; 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/0000-0002-4890-7539This article will comprehensively address the essential aspects related to hearsay evidence, focusing on the validity and evaluation of testimonies presented outside the evidentiary hearing. This analysis is particularly relevant in cases where the declarant is available yet is a minor and a victim of crimes against personal freedom, integrity, and sexual development—circumstances that demand a sensitive and specialized approach. To explore this subject, the article will examine doctrinal principles and jurisprudential guidelines that support the admissibility and use of such evidence, emphasizing its significance in safeguarding victims' rights. Additionally, it will discuss the credibility that the trial judge must attribute to such testimonies, taking into account the legal and ethical standards necessary to ensure a fair, transparent proceeding that upholds the best interests of the child.Tipo de ítem: Ítem , La redención de la Pena: Un análisis desde el derecho penal colombiano(Universidad Santo Tomás, 2024-03) Salazar Grajales, Andrés Salazar; Alarcón Boyacá, Mónica Yohana; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000085044; https://scholar.google.com/citations?view_op=list_works&hl=es&user=78Y4B8MAAAAJ; https://orcid.org/0000-0001-7748-3854The research article will address the redemption of punishment in the Colombian criminal justice system, examining its importance, challenges and workable solutions. The fundamental role of the redemption of punishment in the rehabilitation and social reintegration of offenders will be highlighted, as well as its objective of promoting more equitable and effective criminal justice. The main challenges facing sentence redemption in Colombia will be discussed, including the lack of infrastructure resources in penitentiary and prison facilities, as well as the need to improve the quality and availability of rehabilitation programs. The implications of these challenges for the resocialization process of convicts will be analyzed and viable solutions and strategies to address them effectively will be explored. Additionally, the relevant laws and jurisprudence related to the redemption of punishment in Colombia will be examined, highlighting its role in the regulation and application of this principle in the criminal justice system. Concrete examples of court cases and legal provisions will be provided to illustrate how redemption of punishment is applied in practice. Keywords: Peña, Colombian Criminal Justice System, Redemption of sentence, Rehabilitation, Resocialization, Penitentiary and Prison Establishments.Tipo de ítem: Ítem , La Virtualidad en el Debido Proceso y el Acceso a la Justicia(Universidad Santo Tomás, 2023-07-19) Espitia Barros, Luis Ángel; Universidad Santo Tomás: This academic article contains a general context of the situation regarding the administration of justice as a consequence of the COVID 19 pandemic; this, having as a fundamental point the transition that was made from face-to-face to virtuality, and since from this area, the application of the principle of immediacy has positive or negative repercussions regarding due process and access to justice. This is how in the first part we enter to study the foundations of the main theme, these being: the constitution and principles, the transition from a positivist model to one where the sources of law were no longer limited solely to the Law, but rather they gave way to other tools that facilitated or even served as a cornerstone in the work of the judge. In a second part, a more detailed analysis is presented of what has been the impact that virtuality, understood from the principle of immediacy, has had on due process and access to justice as fundamental aspects of the administration of justiceTipo de ítem: Ítem , Un análisis sobre la pertinencia de regular en el ordenamiento jurídico penal colombiano el feminicidio siendo una conducta equiparable al delito de homicidio agravado por condición de género(Universidad Santo Tomás, 2023-07-04) Romero Camargo, Claudia Patricia; Vazquez Betancurt, Santiago; Universidad Santo TomasIn this article we intend to determine if it was pertinent to sanction a law on femicide, understanding that the same conduct was already regulated in aggravated homicide due to gender condition, when committing violent physical and psychological acts that caused the death of one. Its delimitation and development will be carried out in accordance with the Political Constitution of Colombia, the internal law norms related to the case and the block of constitutionality in the matter of protection of human rights