Delito de cobardía vs la omisión en posición de garante en la justicia penal militar

Abstract

In Colombia, cowardice is a crime that can be traced only to members of the public force in active service, which is exhaustive in the military penal code, which has been debated in a landmark judgment of the Constitutional Court. Thus, this type of crime is particularly burdensome in special circumstances such as doing so in the exercise of command and by omission, of the latter it should be noted that it does not stipulate in which cases the member of the public force could respond because they are in a position of guarantor. In this context, this research work has the purpose of studying the criminal type of cowardice by omission, taking into account the position of guarantor as a fundamental factor in the crime, in the sense that a member of the public force that incurs in the past tense could be deprived of his liberty. The purpose of this research is to clarify the effect of the position of guarantor, against the crime of cowardice and if in relation to the omission the sanctions imposed on whoever incurs in the fault could be greater.