Implicaciones de los Numerales 1 y 2 del Artículo 199 de la Ley 1098 de 2006 Para la Garantía de los Derechos de los Procesados, el Instituto de la Prevalencia y Garantía de los Menores

Abstract

This is a scientific article of bibliographic review that focuses its attention on numerals 1 and 2 of article 199 of Law 1098 of 2006 that dictates the preventive detention of the person involved in the case of committing crimes against minors, a situation that goes against of due process, of the rights of the defendant and where the institute of prevalence and the guarantee of minors prevails. For this purpose, a range of ten years (2012-2022) is established and different primary and secondary sources are taken into consideration in relation to the subject of study. It has an analytical and descriptive methodology with a qualitative and documentary approach in order to delimit the state of the art in a discussion that has increased in recent years. The results show a wide and varied corpus where different academic voices agree that this law goes against what is stipulated in a true social State of law; Finally, the different sources are processed and a section of general conclusions is offered with the most relevant considerations regarding the execution of this basic investigation.