Examinando por Materia "Concurso de delitos"

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    El sistema de responsabilidad penal para adolescentes : ¿proceso pedagógico o seguridad ciudadana?
    (Universidad EAFIT, 2019) Ramírez Poveda, César Augusto; Arias Holguín, Diana Patricia
    The judicial determination of the penalty is an issue that in our environment has been developed mainly by jurisprudence, since very few authors have dealt with their dogmatic study. That is why in its treatment it tends to turn to national jurisprudence as its main source, which is based on logical rules of interpretation, in tradition or simply in arguments tending to obtain an exemplary penalty, without intending to delve into theories that could characterize it, which deprives it of obtaining solutions, from a dogmatic perspective, that allow rationalization in the interpretation of the norms that govern the determination and imposition of the specific penalty. The present work has its origin in the disagreement that the author has generated antagonistic jurisprudential positions in the process of the judicial determination of the penalty, more exactly in relation to the incidence that post-criminal phenomena can have in the selection of the penalty more serious in the matter of contesting punishable behaviors, which in both cases are empty of theoretical justification. Therefore, it is intended to make a proposal for interpretation of the criteria established in article 31 of the Colombian Criminal Code (hereinafter C.P.) for the determination of the penalty in the matter of contesting crimes, this, in accordance with article 61 of the C.P. which prescribes the foundations for the individualization of the penalty. Such a task will involve, characterizing from a theoretical approach, the Colombian system of judicial determination of punishment, harmonizing it with the purposes that guide it, and then, from these same ends, propose an interpretation of the norms that regulate post-criminal phenomena, and arrive In conclusion, the latter cannot affect the base or operational penalty.
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    Ítem
    Estudio del delito de lavado de activos. Análisis del artículo 323 del Código Penal Colombiano desde la perspectiva de la Jurisprudencia de la Corte Suprema de Justicia
    (Universidad EAFIT, 2024) Posada Betancur, Marianna; Restrepo Gallego, Diego Alonso; Álvarez Álvarez, Juan Carlos
    The purpose of this monograph is to propose an interpretation of some of the typical elements, especially the governing verbs, through the analysis of regulations, jurisprudence, and doctrine, of the crime of money laundering, which is enshrined in Article 323 of the Colombian Penal Code (Law 599 of 2000). This is considering the difficulty in establishing how it should be applied due to the wide range of governing verbs. The importance of this work, beyond the theoretical aspect, lies in the difficulty of interpretation and application in the modes of execution and in the different forms of intervention - authorship and participation - in which the active subject can be found, generating a significant impact on adapting behaviors for accusation, for the exercise of defense, and finally, for decision-making by judges.