Criterios de proporcionalidad para la inaplicación de la ley 890 de 2004

Abstract

This reflective critical article was intended to raise a discussion of arguments about the non-application of punitive increases from the law 890 of 2004, in profits ban offenses, where there has been acceptance or acquiescence of positions in the Colombian Criminal Law, seeking to identify the criteria of proportionality for the non-application of the law, enunciated in the light of the adversarial criminal justice system and reward system, based on a methodology that is home to the principles of legal interpretation. For the realization of the objectives, the principle of proportionality of penalties and the principle of equality is characterized by parameters of the 890 law enforcement; also identified in the adversarial criminal justice system to finally make an analysis of the institutions of justice reward system in the Colombian accusatory penal system from a jurisprudential line. It is important to note that this document also reflects the criteria of the documentary proofreading, as the most important elements of legal sources were taken, in order to perform an analytical, interpretive and critical process by the authors, a specific topic based on original texts.