Comparativo entre la aplicación de las penas, Florida Estados Unidos-Colombia / ¿Qué sistema ofrece mejores garantías para el sujeto activo de una conducta punible de homicidio, al comparar la aplicación de las penas en el estado de la Florida, Estados Unidos y el sistema penal colombiano?

Abstract

The purpose of the present study is to determine and identify the guarantees for the active subject of conduct punishable by homicide. When comparing the application of penalties in the State of Florida (United States) and the Colombian penal system. Starting from Law 599 of 2000 and Law 906 of 200, it is possible to determine the relations and differences existing between both systems; in addition, taking into account the applications that are given in each to such punishable conduct. For this purpose, the methodological tool used is the comparison of the crime of homicide between the Colombian criminal system and the state criminal system of the State of Florida in the United States; Furthermore, it is taken into account that the latter original context in which the oral criminal system was widely used. First of all, the comparative law approach used in the investigation is explained. The exposition of this punishable conduct in Colombia is made; determining how it is developed in normative and jurisprudential matters. Later, this is analyzed in the way as it is carried out in the State of Florida; having as reference the basic elements of the Anglo-Saxon legal culture and the structure of that conduct punishable in terms of penalties, convictions, classification, and prescription. Finally, a comparison is made between the two penal systems; thus, identifying which of the two offers greater guarantees for the prosecution for the crime of homicide.