Examinando por Materia "Pena"

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    La incidencia de los fenómenos postdelictuales en la determinación de la pena más grave en la hipótesis de concurso de delitos
    (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.