Examinando por Autor "Boada Acosta, Juan Camilo"
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Ítem A legal look at the Arias case and double conformity. Comments on Judgment SU-146 of 2020 of the Constitutional Court(Universidad EAFIT, 2020-12-23) Boada Acosta, Juan Camilo; Delgado Moreno, Natalia; Flechas Hernández, Juan Pablo; Universidad de los Andes; Universidad de los Andes; Universidad de los AndesThe Sentence SU146 of 2020, by which the court decided to order the Criminal Cassation Chamber of the Supreme Court of Justice to initiate “the process to resolve the request to challenge the sentence in sole instance issued against citizen Andrés Felipe Arias Leiva” is a current political discussion. This is why it is taken as the object of analysis to make respective comments, in addition, to relate to this the principle of conformity and its evolution in the order.Ítem Pandemic, prisons and Criminal Law: When the Courts are not up to par. Comments to Order AP1073-2020 of June 3, 2020 (51983) of the Supreme Court of Justice(Universidad EAFIT, 2020-12-23) Boada Acosta, Juan Camilo; Universidad de los AndesThis work reflects on the Auto AP10732020 of June 3, 2020 (rad. 51983) of the Criminal Cassation Chamber of the Supreme Court of Justice, an order in which one of the requests submitted regarding the application of the exception of unconstitutionality against article 6 of Legislative Decree 546 of 2020, issued by the National Government in the framework of the pandemic caused by Covid19. Afterwords, a review about the principles of necessity and proportionality in relation to the case is given.Ítem Poena Naturalis: Considerations on the sentence of 6 August, 2019 by the Supreme Court of Justice (52750).(Universidad EAFIT, 2019-12-11) Boada Acosta, Juan Camilo; Universidad de los AndesÍtem The unconstitutionality of the abortion in light of the sentencing purposes(Universidad EAFIT, 2021-12-17) Boada Acosta, Juan Camilo; Universidad de los AndesThis text analyses the constitutionality of the crime of abortion considering the objectives of punishment in the Colombian legal system. This is done considering the limits established by the Constitutional Court regarding the freedom of legislative configuration in criminal matters, especially the principles of necessity and proportionality. The objectives of punishment are also explained since the analysis of the principles are based on them. Finally, the crime of abortion is analyzed under these principles, and it is concluded that this crime is unconstitutional because it doesn’t pass the proportionality test.