Examinando por Materia "Bloque Constitucional"

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    El peligro futuro en el derecho penal colombiano, implicaciones para la libertad del imputado, reflexiones sobre su aplicación
    (Universidad EAFIT, 2024-11-19) Uribe Ramírez, Javier Arturo; Naranjo Serna, Sebastián
    The present investigation focuses on critically analyzing the legal figure of Future Danger within the framework of Colombian Criminal Law. During the investigation, the implications of a specific legal figure that could compromise the freedom of the accused were thoroughly examined and during this analysis, it was arrived at. to the conclusion that the application of this principle could have serious repercussions, not only in terms of undermining the freedom of the individual under legal scrutiny, but also from a constitutional perspective and international human rights standards. In the course of this investigation, the inadequacy of the implementation of this principle was highlighted and it was argued that this principle clashes head-on with the fundamental and constitutional concept of the presumption of innocence, which is a cornerstone of modern legal systems, in addition , it was observed that this legal figure comes into direct conflict with the Constitutional Block, which is made up of International Treaties ratified by Colombia, which have been incorporated into the legal structure of the country after being reviewed and approved by both the Congress of the Republic and by the Constitutional Court, and therefore have binding force. It is imperative to highlight that this principle can seriously undermine the very foundations of a fair and equitable judicial system. Likewise, the results of the investigation ended up highlighting that its implementation could lead to violations of fundamental rights and move away from respect for dignity. human rights enshrined both in the 1991 Constitution and in the International Human Rights Covenants signed by Colombia. Therefore, the main conclusion of this study is the strong and direct recommendation not to implement this principle, given its inconsistency with entrenched Constitutional Principles and its potential negative consequences on the integrity and respect of individual rights within the context of the Law. Colombian Criminal Law and within International Humanitarian Law.