Prisión domiciliaria en Colombia para militares sindicados y condenados por delitos contra personas y bienes protegidos por el DIH

Abstract

The objective of the present investigation is to indicate whether it is feasible to apply the domestic prison in Colombia for military personnel who are accused of or convicted of crimes against persons and goods protected by IHL, for this purpose, it is broken down, at a first moment where the Crimes against persons and property protected by International Humanitarian Law, of which the second title of Law 599 of the year 2000 speaks, so that at a later date the functions of the punishment, as well as that of the house arrest In Colombian law, so that it is finally possible to review whether it is feasible to apply the figure of house arrest for military personnel syndicated or convicted of crimes against persons and property protected by international humanitarian law. To achieve this, the research uses a qualitative approach, and has an exploratory and deductive scope. So it is evident, as the figure of the domestic prison for State agents who have committed any of the crimes of which the second title of the penal code speaks, law 599 of the year 2000, is viable, and that another refusal to apply such criminal subrogation, is unconstitutional and unconventional.