Especialización en Derecho Penal y Criminología

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https://hdl.handle.net/11396/3518

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La corrupción y sus delitos
(Universidad La Gran Colombia, 2022) Hernandez Chaux, Mauricio Fernando; Caceres, Victor
Corruption is one of the phenomena that have decisively marked the history of our country, but also the way we live. It affects all levels of institutionality and all regions without exception. This phenomenon has been the cause of countless social, political and economic problems, thus creating serious conditions of inequality and poverty. This is due to the mass diversions of money, but also the diversion of power contrary to the general interest of the country, in which important organs of the State have also been shown to participate. Basically, they take advantage of their political position, to satisfy personal interests, such as their wealth, improve their social status or obtain a better job. Therefore, it is necessary to carry out an analysis of the current regulations, with respect to the sanctions imposed on public officials elected by popular vote, such as mayors and governors, who commit crimes associated with acts of corruption, also, to observe what benefits these people or public officials have, which in some cases lead to this type of crimes linked to corruption being left unpunished.
La legítima defensa en riñas - rompimiento de las condiciones de equilibrio del combate
(Universidad La Gran Colombia, 2022) Vega Henao, Andrés Felipe; Quintero, Camilo Alberto
The Supreme Court of Justice, a criminal cassation chamber, has constituted probable doctrine regarding the non-admissibility of legitimate defense in quarrels; however, a sub-rule has been introduced which seeks to create an exception to the general rule of non-admissibility of self-defence in quarrels, which is that when the conditions of balance of combat between opponents have been broken, the disadvantaged party may act in self-defence. However, this sub-rule of the breakdown of the balance of combat has not been explained in detail by the Court, which has meant that its applicability has no concrete effects. For this reason, in the present work it was proposed to solve the following problem question: How should the Sub-Rule adopted by the Supreme Court of Justice – Criminal Cassation Chamber – be interpreted as breaking the conditions of balance of combat so that legitimate defense in quarrels is admissible? For its development, legitimate defense was approached from its foundations, the elements that are inherent to it according to doctrine and jurisprudence were developed and it was tried to locate it dogmatically; Likewise, it was sought to elaborate a jurisprudential line that will detail the progress that the sub-rule in mention has had within the Supreme Court. This allowed us to reach a conclusion on how the Sub-Rule of Breaking the Combat Balance should be interpreted. In effect, we propose that this sub-rule be understood through three scenarios: (i) the first is the "temporary" that allows to determine what are the means agreed by the opponents when accessing the quarrel; (ii) the second is the psychological one that allows us to understand the situation in which it is placed who, after voluntarily agreeing to a quarrel, is seriously affected by that will due to the ignorance of the rules initially agreed (temporary) to such an extent that the quarrel is unknown; and (iii) the third scenario is the material, from which the agreed means to cause mutual harm will be analyzed, and the imbalance caused by the introduction of unagreed elements. Here a definition will no longer be made of the moment in which the dispute originated (temporary), nor what happened later in the subject who saw his agreement of will (psychological) altered, but the equality that was preached of each one in front of that of the adversary at the right moment of the quarrel. That is to say that the interpretation of the breakdown of the balance of the combat must be given taking as a starting point the quarrel, and through this determine which the conditions before it and those that were agreed at the time of accessing the quarrel (temporary), what was the reaction of the aggressor subjects later to vary the conditions of the combat (psychological) and what was the situation that was lived at the exact moment of the quarrel (material). Together, these elements will give the judge the necessary elements to determine whether in the particular case of quarrel the ground for justification of self-defence was presented.
Fenómeno de la corrupción en magistrados de las altas cortes de la República de Colombia. Necesidad de una administración de justicia transparente y confiable
(Universidad La Gran Colombia, 2019) Fúquene Pulido, Blanca Irys; Suarez, Yenifer Yiseth
Corruption is a phenomenon that has succeeded in permeating the different branches of public power, as far as this work is concerned reference will be made to the incidence of this phenomenon in the judicial branch, specifically in Magistrates of the High Courts of Colombia, mentioning the notorious cases of Magistrates as: Jorge Ignacio Pretelt Chaljub, José Leonidas Bustos, Gustavo Enrique Malo Fernández, Francisco Javier Ricaurte Gómez and Camilo Humberto Tarquino Gallego, in order to determine the commission of criminal conduct associated with corruption and to examine cases of criminalization of such offences by High Court Judges. On the other hand, the analysis of the incidence of white collar theory developed by Sutherland, with the cases of former magistrates mentioned above, finding as a result that this theory fits perfectly in the cases of corruption that are mentioned in the development of this work. Little is known about the detection and criminalization of criminal conduct associated with corruption and much is published about the so called "rigged judgements" of judges of the High Courts, This blurs the social function of the administration of justice, causing social and economic effects that undermine the confidence of citizens who perceive a lack of transparency in the work of the judiciary. It was established that the low statistics of detection and criminalization of this type of criminal conduct are largely due , due to what little is known about detection and criminalization of criminal conduct associated with corruption and much is published about what are called "rigged judgements" and judges who have access to and use of privileged information handled by magistrates and who place them at the service of persons and entities that are toxic to society, leaving between that the legitimation of the State and contributing to what is known as the failed function of the State.
Celebración de preacuerdo entre el ente acusador y el acusado con respecto al derecho de las víctimas en su consecución
(Universidad La Gran Colombia, 2019) Contreras Gómez, Diana Carolina; Mora Beltrán, Helkyn Orlando; Suarez 1, Yenifer Yiseth
This article revolves around the establishment of the possibility of allowing the intervention of the victims in the lawsuit to obtain the pre-agreements concluded between the Prosecutor and the defense from the phase of formulation of the complaint until before the presentation of the indictment, having as a main legal basis the Code of Criminal Procedure, which indicates these procedural stages, to benefit from pre-agreements, as a right that assists the aforementioned, being the main ones affected by the achievement of said pre-agreement, as regards the search for guarantees such as justice, pre-agreements may be applicable as a form of early completion of the criminal process, you can obtain punitive benefits.
Accidentes de tránsito provocados por conductores bajo la influencia de bebidas alcohólicas
(Universidad La Gran Colombia, 2019) Coral Bravo, Luz Mery; Niño, Giovanny Francisco
Pobreza como factor de riesgo y determinante para un aborto legal a favor de la salud mental de la mujer
(Universidad La Gran Colombia, 2019) Corchuelo García, Andrea Carolina; Puentes Calderón, Yineth Marcela; Suarez, Yenifer Yiseth
Abortion in Colombia is permitted on the basis of three situations: rape, incest, and danger to a woman's health; however, the latter does not include the effects that the socio-economic situation of the woman may have on her mental health, which represents a limiting factor for a woman who is in a state of poverty in order to obtain a legal and safe abortion. This represents the problem of the present research, which will be approached from the Feminist Radical theory
Construcción cognitiva de la mente del adolescente criminal
(Universidad La Gran Colombia, 2022) Patiño Fernández, Clara Gladys; Rodríguez Bonilla, Fredy Humberto; Rodríguez Bonilla, Fredy Humberto
Eficacia y pertinencia de la cadena perpetua frente a la violencia sexual contra niños y niñas
(Universidad La Gran Colombia, 2022) Salinas Tellez, Estefania; Millan Mejia, Carlos Mauricio; Rodriguez Acevedo, Damian Fernando; Rodriguez Bonilla, Fredy
This research article deals with an analysis of the effectiveness and relevance of the criminal measure of life imprisonment against sexual violence against boys and girls. For this reason, the concepts of effectiveness and relevance of the sentence are examined in the light of the theory of criminal law, finding that the effectiveness in this matter depends on the materialization of the purposes of the sentence, that is, resocialization, prevention general and special, and that relevance is subordinated to the adequacy of the measure with respect to the legal system. Based on the above, a view of the measure is introduced from a guarantee criminological approach, that is, taking into account the limits of criminal law and the guarantee of human dignity. Finally, the legal and doctrinal dogma of sexual violence against boys and girls is specified through its normative, jurisprudential and theoretical references.
Alza de tasa de la criminalidad en Bogotá capital de Colombia
(Universidad La Gran Colombia, 2022) Pedraza Gómez, Carlos Orlando; Sánchez Castro, Jenny Angelica; Gómez Barrera, Rubén Darío; Rodríguez Bonilla, Fredy Humberto
This research project will be guided by the study of crime in Bogotá, the capital of Colombia, taking into account the wave of Venezuelan immigrants between 2017 and 2021 to the capital of Colombia, as well as the statistics developed by the Initiative Against Transnational Organized Crime (GI-TOC for its acronym in English), in 2021 its statistics were developed among 193 UN Member States and as a result it was obtained that Colombia is the second country most affected by crime followed by the country of the Congo, that is to say that it is the most affected by crime in the continent of America with a score of 7.67 out of 10, the index bases the crime score in a country according to two variables, the criminal market and the actors criminals, the ranking of this statistic focuses on crimes such as human trafficking, drug and arms trafficking. We will also carry out an analysis of conventional crime, that is, those that we can perceive more easily and that in most cases are specifically denounced, we will study the crimes of theft and homicide that occur daily in the city of Bogotá.
Factores de riesgo del entorno que inciden en niñas entre 12 a 17 años a ejercer la prostitución en el estado colombiano afianzando la VBG
(Universidad La Gran Colombia, 2022) Esquivel Mendez, María Eugencia; Chasqui Hurtado, Gina Paola; Rodríguez Bonilla, Fredy Humberto
Prostitution in girls between the ages of 14 and 17 continues to be a problem for the Colombian State in its role as Administrator of Justice; every time, that this practice the territory is common throughout Colombia, thus discovering other forms of crime such as human trafficking, drug trafficking, sexual violence, among others. Additionally, it is inserted in gender-based violence, which highlights the weakness of the State's institutionalist, despite the regulatory framework that is significant in criminal matters, coupled with laws such as Law 1761 of 2015 on femicide. In this order of ideas, the work aims to point out the environmental risk factors that influence minors between 12 and 17 years of age to practice prostitution in the Colombian State and join GBV. The methodological proposal is based on a socio-legal investigation with a documentary technique. One of the most significant conclusions is that the factor of poverty and family are determining factors for girls to enter prostitution.
Privatización de las Cárceles en Colombia como solución al objetivo resocializador de la pena. Concesiones carcelarias en Colombia como solución a un entorno en condiciones dignas dentro de las cárceles para lograr el objetivo resocializador de la pena.
(Universidad La Gran Colombia, 2022) García, Luis Eduardo; Jáuregui, Adriana; Gutiérrez de Piñeres, Diana; Rodríguez Bonilla, Fredy Humberto
In recent decades, the violation of the fundamental rights of the prison population has been a constant, as a result of this situation there has been the declaration of the Unconstitutional State of Affairs (ECI) in the National Penitentiary and Prison Institute (INPEC) in Colombia by the Constitutional Court, despite this, the policies adopted by the Government to solve the problem and try to comply with the orders issued by the Court have not yielded the expected results to overcome the prison crisis in the country. In this investigation, an analysis is carried out to suggest a solution to the declaration of the Unconstitutional State of Things in the National Penitentiary and Prison Institute in Colombia, through prison privatization, making a historical review of the system in the country, as well as a comparison with other countries that have had similar problems in their prison systems.
Estudio exploratorio de protocolos implementados por la fiscalía general de la nación en el abordaje de entrevistas realizadas a niños, niñas y adolescentes presuntas víctimas de delitos sexuales, desde la perspectiva psicológica, jurídica y social
(Universidad La Gran Colombia, 2022) Vargas, Helmer Orlando; Cuervo Pardo, Luz Angela; Rodríguez Bonilla, Fredy Humberto
This analysis was carried out with an exploratory approach and was structured in a transversal way from legal psychology and law; situated from a human rights perspective, evaluating the proper application of standardized protocols for Colombia, by professionals involved in investigative processes led by the Attorney General's Officein alleged cases of sexual offencesinvolving alleged victims with children or adolescents. Thus, after reviewing the literature and analyzing refutation reports, it was possible to demonstrate in the first place, whereas those protocols are not fully and rigorously implemented, which has as its main consequence, revictimization processes; and even in cases of free and voluntary retractions; convictions based on false accusations against innocent people, who are completely violated the principles of presumption of innocence, in dubio pro reo and due process. And secondly, the lack of exploration and effectiveness of these approaches makes invisible and does not process in the hypotheses of the cases investigated, phenomena such as parental alienation, implantation of false memories, accommodation syndromes, as well as the reality that children and adolescents lie; which calls into questionthe functioning of the institutions, seen from a human rights and procedural guaranteesapproach for those who are immersed in this type of conduct with a punishable character
El control constitucional del juez de garantías en audiencias preliminares de imposición de medida de aseguramiento
(Universidad La Gran Colombia, 2022) Mayorga Villanueva, Jaime Andres; Rodriguez, Fredy Humberto
The security measure has been recognized as a preventive measure in criminal matters through which an active subject who commits criminal conduct is criminally sanctioned by the State and its competent authorities. This measure is based on their deprivation of liberty, since the respective criminal sanction is carried out through a judicial ruling issued by the criminal judge, which orders that it be carried out in a prison infrastructure. It is for this reason that the security measure goes beyond criminal law itself and touches areas of constitutional law, since the country´s constitution states that one of the fundamental rights is the right to individual freedom. This right must be guaranteed under the parameters of legality and due process applicable to all types of crimes.
Análisis sobre la falta de implementación de exigibilidad de cohesión sustantiva de la acusación - ley 906 de 2004 Un estudio de la afectación de derechos fundamentales de los acusados por la falta de regulación legal para controlar que la Fiscalía enmarque la acusación sobre los hechos jurídicamente relevantes
(Universidad La Gran Colombia, 2022) Delgado Lugo, Luisa María; Rodríguez Bonilla, Freddy Humberto
The purpose of this essay was described the main characteristics that the Law 906 of 2004 established about the accusation as a complex act, in order to point out that a enforceability of substantive cohesion or material control over the accusation was not regulated, in the pretext of affecting the impartiality of the judge, and with this emptiness, an affectation of fundamental rights is promoted for those called to trial, especially the right to defense, as well as the beginning of the accusation, to the principle of equality and the principle of the integral judge, without the solution proposed by the Supreme Court of Justice making up for such lack. For this purpose, the provisions of numeral 4 of article 250 Superior were verified, developed by articles 336 to 347 of Law 906 of 2004, the antecedents of Legislative Act 03 of 2002 that did establish it and the jurisprudential line assumed by the Supreme Court of Justice was reviewed. To this end, we started from the review of the Political Constitution of Colombia, Law, jurisprudence, books, specialized magazines, and their respective articles.
Grooming como ciberdelito sexual en la normatividad penal colombiana
(Universidad La Gran Colombia, 2022) Martinez Rivera, Jorge Eliecer; Rodríguez Bonilla, Fredy Humberto
This research reveals the essential characteristics of grooming, the mode of operation of the stalkers, the main victims and other categories that allow identifying this conduct as a cybercrime in Colombia, so that in this way, it can give light to the legislator so that in its powers given by the constitution, include it in the Colombian criminal legislation, and be of legal support for judicial operators in litigation where this conduct is seen.
Factores que afectan la eficacia en la aplicación del principio de oportunidad en los delitos contra el medio ambiente en la ciudad de Bogotá
(Universidad La Gran Colombia, 2022) Rodríguez Castillo, Diana Cristina; Gómez Núñez, Carmenza; Rodríguez Bonilla, Fredy Humberto
The principle of opportunity is a paradigm in terms of the early termination of criminal proceedings, designed to decongest prosecuting attorney and judicial offices, by diversion from prosecution, thus contributing to the criminal policy of the State. That is why, the principle of opportunity applied in crimes against the natural resources and the environment, in any of its forms, allows the fulfillment of the presuppositions of truth, justice and especially that of repair. However, the figure is not as widely applied, making it less effective.
Falencias del sistema penal acusatorio: Estudio y propuestas para su mejoría
(Universidad La Gran Colombia, 2018) Pinzón Martinez, Iván Darío; Barbosa Parrado, Vidal Gonzalo; Díaz Pedrozo, Alexander
This work makes a study of the previous criminal systems in the Colombian legal system and the characteristics of the current accusatory criminal system, instituted since January 1, 2005, with the aim of carrying out an examination of the current criminal procedural legislation in face of the problems that have accompanied its implementation and that to date, continues, with the aim of contrasting the theoretical and factual reality and thus be able to diagnose the main weaknesses of the system and what would be the most viable solutions to adjust it to the needs of the country.
Los terceros en la acción de extinción de dominio en Colombia frente al contrato de arriendo / Tercero de buena fe excento de culpa frente a la extinción de dominio en el contrato de arrendamiento
(Universidad La Gran Colombia, 2017) Martínez Arango, Fabian; Sánchez Velandia, Anderson Stiven; Gómez González, Diego Fernando
El testimonio como prueba nueva en la acción de revisión
(Universidad La Gran Colombia, 2017) Martínez García, Doris Lucía; Pinzón Franco, Mario Enrique; Torres Bedoya, Edicson Hernando; Gómez González, Diego Fernando
El Principio De Proporcionalidad En La Legítima Defensa
(Universidad La Gran Colombia, 2018) Chaverra Panesso, Astrith Vanessa; Sepulveda Cuadros, Luis Antonio; Díaz Pedrozo, Alexander
In the present article a study of the self-defense is made in terms of its proportionality. Undoubtedly, this figure represents a limitation to the right to life and personal integrity, since reality and legislation have caused the injury to be justified or even to take of another person when they are attacked violently and without just cause. In this measure, the rejection of the attack requires a limit and that limit is proportionality, hence, if the attack and proportional defense is presented, by express legal mandate the criminal responsibility of the subject that defends itself is excluded. Hence, establishing the budgets of this permissive provision is important for full understanding.

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