Transformación internacional del concepto legal de piratería marítima. Una mirada a la ley colombiana y española

Abstract

This research aims to identify, through a phenomenological study, whether the meaning of maritime piracy as it was in ancient times has been lost, and to determine whether there is an absence of normative regulation on the classical concept, or, on the contrary, whether such concept has influenced the positivization of the conduct as a punishable offense. An examination of the existence of national and international regulations or other forms that seek to encompass the classification of this conduct without necessarily having its own or individual criminal type (i.e., other crimes with aggravating circumstances or qualifications), within the framework of Colombian domestic law and current Spanish law, is sought. In addition, an observation of the regulation that had and currently has the conduct of piracy in the criminal codes of Colombia and Spain will be developed relating their differences, focused on a historical-documentary analysis. Evidencing with all the above whether there is a real need for the criminalization of the conduct.