Legítima defensa en Colombia, conocimiento jurídico al alcance de todos

Valbuena López, Fabio Antonio

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Date

2017

Author

Valbuena López, Fabio Antonio

Título obtenido

Abogado(a)

Director de tesis

Gómez Silva, Pedro Jesús

Publicador

Universidad La Gran Colombia

Facultad

Facultad de Derecho

Programa

Derecho

TY - GEN T1 - Legítima defensa en Colombia, conocimiento jurídico al alcance de todos AU - Valbuena López, Fabio Antonio Y1 - 2017 UR - http://hdl.handle.net/11396/4941 PB - Universidad La Gran Colombia AB - During the premature formation of Military Criminal Justice, the modus vivendi of the military and police has had an unexpected turn, even during the active service and the defense of the general interest of Colombia. It should be noted that before the implementation of the law 1407 of 2019 and its reform given in the law 1765 of 2015, national security was greatly violated in the actions that the soldiers performed in active service, because when there were cases of homicide another type Justice was that he was leading these cases, nor did he have full, firm and strong autonomy, since he still had dependence on control bodies and other jurisdictions, a change that transformed the military vision and that from the 1991 constitution, generated control and management on some issues that affected him before, one of those points is the use of legitimate defense. The objective of this work is to identify the available norms that it exposes, one of the most debated topics by Colombian citizens, which has been the cause of exoneration of criminal responsibilities and that its essence has transformed military and ordinary criminal justice. legitimate defense, more than a right, is a tool that has made it possible to streamline many processes, especially for the public force, since it is clear that the competent authorities, after the verbal reaction, have had to respond with other types of reactions, such as armed attacks, being the first option for the armed forces, and for the national police the last, of course, that this principle of self-defense exonerates them from criminal liability as long as they have fulfilled certain conditions established in the current law and that comply optimally with these requirements. ER - @misc{11396_4941, author = {Valbuena López Fabio Antonio}, title = {Legítima defensa en Colombia, conocimiento jurídico al alcance de todos}, year = {2017}, abstract = {During the premature formation of Military Criminal Justice, the modus vivendi of the military and police has had an unexpected turn, even during the active service and the defense of the general interest of Colombia. It should be noted that before the implementation of the law 1407 of 2019 and its reform given in the law 1765 of 2015, national security was greatly violated in the actions that the soldiers performed in active service, because when there were cases of homicide another type Justice was that he was leading these cases, nor did he have full, firm and strong autonomy, since he still had dependence on control bodies and other jurisdictions, a change that transformed the military vision and that from the 1991 constitution, generated control and management on some issues that affected him before, one of those points is the use of legitimate defense. The objective of this work is to identify the available norms that it exposes, one of the most debated topics by Colombian citizens, which has been the cause of exoneration of criminal responsibilities and that its essence has transformed military and ordinary criminal justice. legitimate defense, more than a right, is a tool that has made it possible to streamline many processes, especially for the public force, since it is clear that the competent authorities, after the verbal reaction, have had to respond with other types of reactions, such as armed attacks, being the first option for the armed forces, and for the national police the last, of course, that this principle of self-defense exonerates them from criminal liability as long as they have fulfilled certain conditions established in the current law and that comply optimally with these requirements.}, url = {http://hdl.handle.net/11396/4941} }RT Generic T1 Legítima defensa en Colombia, conocimiento jurídico al alcance de todos YR 2017 LK http://hdl.handle.net/11396/4941 PB Universidad La Gran Colombia AB During the premature formation of Military Criminal Justice, the modus vivendi of the military and police has had an unexpected turn, even during the active service and the defense of the general interest of Colombia. It should be noted that before the implementation of the law 1407 of 2019 and its reform given in the law 1765 of 2015, national security was greatly violated in the actions that the soldiers performed in active service, because when there were cases of homicide another type Justice was that he was leading these cases, nor did he have full, firm and strong autonomy, since he still had dependence on control bodies and other jurisdictions, a change that transformed the military vision and that from the 1991 constitution, generated control and management on some issues that affected him before, one of those points is the use of legitimate defense. The objective of this work is to identify the available norms that it exposes, one of the most debated topics by Colombian citizens, which has been the cause of exoneration of criminal responsibilities and that its essence has transformed military and ordinary criminal justice. legitimate defense, more than a right, is a tool that has made it possible to streamline many processes, especially for the public force, since it is clear that the competent authorities, after the verbal reaction, have had to respond with other types of reactions, such as armed attacks, being the first option for the armed forces, and for the national police the last, of course, that this principle of self-defense exonerates them from criminal liability as long as they have fulfilled certain conditions established in the current law and that comply optimally with these requirements. OL Spanish (121)

Abstract

Durante la formación prematura de la Justicia Penal Militar, el modus vivendi de los militares y policías ha tenido un giro inesperado, incluso durante el servicio activo y la defensa del interés general colombiano. Cabe aclarar que antes de la implementación de la ley 1407 de 2019 y su reforma dada en la ley 1765 de 2015, la seguridad nacional era muy vulnerada en las acciones que los uniformados realizaban en el servicio activo, pues cuando había casos de homicidio otro tipo de Justicia era que el lideraba estos casos, tampoco tenía una autonomía plena, firme y fuerte, pues aún tenía dependencia de órganos de control y otras jurisdicciones, cambio que transformó la visión castrense y que a partir de la constitución de 1991, generaba control y gestión sobre algunos temas que le afectaba antes, uno de esos puntos es el uso de la legitima defensa. Este trabajo tiene por objetivo, identificar la normatividad disponible que expone, uno de los temas más debatidos por la ciudadanía colombiana, que ha sido causa de exoneración de responsabilidades penales y que su esencia ha transformado la justicia penal militar y ordinaria, este tema es la legitima defensa, más que un derecho, es una herramienta que ha permitido agilizar muchos procesos, sobre todo para la fuerza pública, pues es evidente que las autoridades competentes, después de la reacción verbal, han tenido que responder con otro tipo de reacciones, como los ataques a mano armada, siendo para las fuerzas armadas la primera opción, y para la policía nacional la última, claro está que este principio de legítima defensa los exonera de responsabilidades penales siempre y cuando hayan cumplido con ciertas condiciones establecidas en la ley vigente y que cumplan de forma óptima con estos requisitos.

Abstract

During the premature formation of Military Criminal Justice, the modus vivendi of the military and police has had an unexpected turn, even during the active service and the defense of the general interest of Colombia. It should be noted that before the implementation of the law 1407 of 2019 and its reform given in the law 1765 of 2015, national security was greatly violated in the actions that the soldiers performed in active service, because when there were cases of homicide another type Justice was that he was leading these cases, nor did he have full, firm and strong autonomy, since he still had dependence on control bodies and other jurisdictions, a change that transformed the military vision and that from the 1991 constitution, generated control and management on some issues that affected him before, one of those points is the use of legitimate defense. The objective of this work is to identify the available norms that it exposes, one of the most debated topics by Colombian citizens, which has been the cause of exoneration of criminal responsibilities and that its essence has transformed military and ordinary criminal justice. legitimate defense, more than a right, is a tool that has made it possible to streamline many processes, especially for the public force, since it is clear that the competent authorities, after the verbal reaction, have had to respond with other types of reactions, such as armed attacks, being the first option for the armed forces, and for the national police the last, of course, that this principle of self-defense exonerates them from criminal liability as long as they have fulfilled certain conditions established in the current law and that comply optimally with these requirements.

URI

http://hdl.handle.net/11396/4941

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Derecho [635]