¿Cumplirá la ley penal colombiana la función social de prevenir el delito?

Abstract

In the present essay, we try to highlight the importance of the prevention and rehabilitation of human beings that for any reason commit a crime. Prevention deserves the same attention as sanction, and what is sought is that members of a society refrain from engaging in criminal behavior, on pain of sanctions. With effective preventive measures, the State is prevented from wearing out by creating sanctioning mechanisms, and we would have a society that respects the established rights and duties. If the State does not give relevance to the preventive purpose of crime, educating people in such a way that it is understood that crime is not worth committing, and a culture of peaceful coexistence is not instituted in all the scenarios of life, it is very difficult that so much way to violate the law is finished, and continue to commit crimes generating insecurity and uncertainty in society. The State within its purposes has the institutional obligation to offer all reasonable means for security and above all the right to life of all people. On the other hand, it is the duty of the Colombian State under the framework of criminal law, to defend society and protected legal rights, as well as to respect the dignity of criminals and to prevent inhuman treatments expressly prohibited by the National Constitution, and above all to guarantee their real insertion in society.