El marginamiento social, económico y cultural en la ley 1098 de 2006

Abstract

This investigation is based on the interest in criminal matters of minors, regarding the principle of opportunity that is granted to them, according to what is stipulated in article 175 numeral 1 of law 1098 of 2006. This article of said law mentions that the Attorney General of The Nation may waive criminal prosecution, in cases in which adolescents, in any condition, have been part of armed groups outside the law, or have obtained directly or indirectly in hostilities or in armed actions or in crimes committed by illegal armed groups in four situations. In number 2 of this article, he gives one of the 4 cases and this mentions that the principle of opportunity will be granted when it is established that the minor carried out his acts when he was in a context of social, economic and cultural marginalization that did not allow him to have other alternatives for the development of his personality. The object of study of this investigation is to carry out an analysis and verify if said numeral complies with the purposes of criminal law and punishment.