Examinando por Materia "Finalidad de la pena"

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    ¿Inocuizar o rehabilitar? Una mirada al enfoque de la política criminal colombiana
    (Universidad EAFIT, 2023) Galvis Sánchez, Laura Valentina; Correa Pineda, Manuela; Naranjo Serna, Sebastián
    In contemporary societies, crime remains a phenomenon that negatively impacts the development and security of a society. Therefore, states must implement criminal policies with the goal of preventing crimes, punishing offenders, and rehabilitating them. However, in Colombian society, it is crucial to question the approach being taken with these policies, as it is evident that the decisions made in this regard are not aligned with the ultimate purpose of punishment, a situation that goes against constitutional provisions. Through this work, we aim to analyze the focus that has been given to criminal policy and the consequences that have arisen, as reflected in crime rates and the current state of the penal system. This is done with the objective of determining whether the decisions made genuinely seek to fulfill constitutional objectives or, on the contrary, are merely discourses aimed at legitimizing the inhumane treatment to which the incarcerated population is subjected. To this end, the first part of this paper will examine the purpose of punishment and the true discourse that underpins the perpetuation of this system. In the second part, we will address the definition and characteristics of criminal policy, contrasting them with what the jurisprudence of the Constitutional Court establishes. Finally, we will analyze the need for reforming criminal policy.