La interdisciplinariedad de la criminalística y las ciencias forenses en la búsqueda de evidencia traza en delitos derivados de ataques sexuales

Acosta, Brenda Esperanza; Alarcón Duarte, Javier Vicente; Navas Alvarez, Francisco; Quintero Sepulveda, José Luis

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Date

2014

Author

Acosta, Brenda Esperanza

Alarcón Duarte, Javier Vicente

Navas Alvarez, Francisco

Quintero Sepulveda, José Luis

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 - La interdisciplinariedad de la criminalística y las ciencias forenses en la búsqueda de evidencia traza en delitos derivados de ataques sexuales AU - Acosta, Brenda Esperanza AU - Alarcón Duarte, Javier Vicente AU - Navas Alvarez, Francisco AU - Quintero Sepulveda, José Luis Y1 - 2014 UR - http://hdl.handle.net/11396/5047 PB - Universidad La Gran Colombia AB - The biggest problem in the investigation of sexual offences is to identify its existence since the criminal connotation of conduct requires a violation of different to mere physical activity protected goods, necessarily concerned that protection of ultima ratio exclusively to the will or consent to the activity. When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the presence of organic in primary crime scene containing DNA, chemicals that may alter the behaviour of the victim or slow down its defensive response or cancel the capacity to consent; physical evidence allowing to determine the causes of the injury causing death, weapons, warheads and caps; fingerprints and other elements to identify the perpetrator ER - @misc{11396_5047, author = {Acosta Brenda Esperanza and Alarcón Duarte Javier Vicente and Navas Alvarez Francisco and Quintero Sepulveda José Luis}, title = {La interdisciplinariedad de la criminalística y las ciencias forenses en la búsqueda de evidencia traza en delitos derivados de ataques sexuales}, year = {2014}, abstract = {The biggest problem in the investigation of sexual offences is to identify its existence since the criminal connotation of conduct requires a violation of different to mere physical activity protected goods, necessarily concerned that protection of ultima ratio exclusively to the will or consent to the activity. When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the presence of organic in primary crime scene containing DNA, chemicals that may alter the behaviour of the victim or slow down its defensive response or cancel the capacity to consent; physical evidence allowing to determine the causes of the injury causing death, weapons, warheads and caps; fingerprints and other elements to identify the perpetrator}, url = {http://hdl.handle.net/11396/5047} }RT Generic T1 La interdisciplinariedad de la criminalística y las ciencias forenses en la búsqueda de evidencia traza en delitos derivados de ataques sexuales YR 2014 LK http://hdl.handle.net/11396/5047 PB Universidad La Gran Colombia AB The biggest problem in the investigation of sexual offences is to identify its existence since the criminal connotation of conduct requires a violation of different to mere physical activity protected goods, necessarily concerned that protection of ultima ratio exclusively to the will or consent to the activity. When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the presence of organic in primary crime scene containing DNA, chemicals that may alter the behaviour of the victim or slow down its defensive response or cancel the capacity to consent; physical evidence allowing to determine the causes of the injury causing death, weapons, warheads and caps; fingerprints and other elements to identify the perpetrator OL Spanish (121)

Abstract

El mayor problema en la investigación de delitos sexuales es identificar su existencia dado que la connotación penal de la conducta exige una vulneración de bienes protegidos penalmente diversos a la mera actividad física, refiere necesariamente esa protección de ultima ratio exclusivamente a la voluntad o consentimiento en la actividad sexual. Cuando las conductas sexuales son un delito subyacente de otro de mayor entidad como en el caso que abordaremos, el homicidio, la complicación será determinar de forma cierta si la actividad sexual estuvo precedida de algún mecanismo que inhibiera el consentimiento de la víctima, si el autor de la actividad sexual lo es de un delito previo y es el mismo autor del delito posterior, y en últimas, lograr una identificación positiva del sujeto pasivo de la acción penal. Para el caso en estudio, el hallazgo del cadáver en una habitación de motel, desnudo, con indicios de una probable actividad sexual y de impactos de arma de fuego, hace necesario acudir a diferentes disciplinas auxiliares y técnicas avanzadas de las ciencias forenses, con el propósito de descartar o confirmar la existencia de ataque sexual como delito previo y el posterior homicidio como conducta tendiente a ocultar el antecedente criminoso. La evidencia colectada en el lugar de los hechos, su tratamiento científico y resultados, servirán como elementos materiales probatorios que permitirán, si se apegan a los procedimientos legales y técnico científicos forenses, enjuiciar al responsable, o descartar la comisión de delitos antecedentes al acto criminal de homicidio Partiendo de la hipótesis inicial de un homicidio agravado por tratarse de conducta realizada para encubrir u ocultar otro delito, se aborda el caso para recuperar de la escena primaria del delito todos los elementos materiales probatorios que permitan determinar la identidad del autor material, la presencia de orgánicos contentivos de ADN, sustancias químicas que pudiesen alterar la conducta de la víctima o ralentizar su respuesta defensiva o anular la capacidad de consentimiento; evidencias físicas que permitan determinar las causas de las lesiones que originan la muerte, armas, ojivas y casquillos; huellas dactilares y otros elementos tendientes a identificar al autor material.

Abstract

The biggest problem in the investigation of sexual offences is to identify its existence since the criminal connotation of conduct requires a violation of different to mere physical activity protected goods, necessarily concerned that protection of ultima ratio exclusively to the will or consent to the activity. When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the When sexual behaviour are one underlying offence by another of greater significance as in the case will take, the killing, the complication will be determine form certain if sexual activity was preceded by some mechanism that inhibits the consent of the victim, if the perpetrator of a prior offence is the same author of the subsequent offence, and in lastachieve a positive identification of the taxable person's criminal action. For the case under study, the finding of the body in a motel room, naked, with signs of a likely sexual activity and impacts of firearm, makes it necessary to attend auxiliary disciplines and techniques of forensic science, in order to rule out or confirm the existence of sexual assault as a prior crime and subsequent homicide as behavior to hide the prior crime. The evidence collected at the crime scene, their scientific treatment and results, will serve as material evidence that will allow, if they adhere to legal procedures and technical forensic scientists, prosecute the person in charge, or discard prior offences to the criminal act of murder. On the initial hypothesis of an aggravated murder for being conduct performed to conceal or hide another crime, the case is addressed to recover all the material evidence allowing to determine the identity of the perpetrator, the presence of organic in primary crime scene containing DNA, chemicals that may alter the behaviour of the victim or slow down its defensive response or cancel the capacity to consent; physical evidence allowing to determine the causes of the injury causing death, weapons, warheads and caps; fingerprints and other elements to identify the perpetrator

URI

http://hdl.handle.net/11396/5047

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