Peligro para la Comunidad o la Víctima Como Requisito para Imponer una Medida de Aseguramiento en Colombia

Abstract

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