Valoración de la conducta punible por los jueces de ejecución de penas para la concesión de libertad condicional: hacinamiento carcelario

Abstract

The country is experiencing a prison crisis, which generates a systematic violation of the human rights of persons deprived of their liberty, which has generated an unconstitutional state of affairs within national prisons. This collapse within the prison system has brought multiple consequences, such as overcrowding, minimal health care for those deprived of their liberty, lack of prison infrastructure, lack of human strength of the officers of the custodial and surveillance corps, corruption within prisons, violation of human rights and this to name a few of the consequences. Overcrowding, as mentioned in the previous paragraph, is one of the pillars on which this prison crisis originates; the Colombian State, through its criminal policy, has implemented several legal figures in order to attack these indices of overcrowding; we are talking about substitute measures, such as conditional suspension of the sentence, home or hospital prison and conditional release, the purpose of which is to enable persons deprived of their liberty who meet the requirements previously laid down by the legislature to have access to these alternative measures and to complete their sentence at home or to be released on probation. This project will address the substitute measure consisting of parole and the requirements for granting it, as well as the judicial operators in charge of granting it, evaluating the plurality of criteria against this legal figure; we will analyze its effectiveness and as well as its objective from a jurisprudential and material point of view, to then issue a particular concept against the development of research.