Examinando por Materia "Sistema Penal Acusatorio - Colombia"

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    El Principio de culpabilidad: fundamento constitucional y alcances de la norma rectora del Artículo 12 del Código penal
    (2018) Ospina Corrales, Sebastián; Sotomayor Acosta, Juan Oberto
    The present monograph pretends to determine and analyze the content of the principle of liability as a guiding rule of the Colombian criminal law system, which for this reason is one of the rules that constitutes the essence and guidance of this system, prevails and governs the interpretation of the criminal law system, in accordance with the provision of the article 13 of the Colombian criminal code -- For the above mentioned, the first step is to analyze the purposes that legitimize the existence in general of the criminal law, from which is derived the human dignity, and subsequently analyze the content of this principle in the Colombian constitutional system, based on the decisions of the Constitutional Court and the studies of the national doctrine in regards of the dimensions of human dignity -- Once this analysis is covered, the third chapter of this monograph pretends to study the content of which has been denominated as the broad principle of liability in accordance with the dimensions of the human dignity -- After this, there is an analysis about the function of the principle of liability in the system of criminal responsibility -- Lastly, there is a brief approach to some possible interpretative consequences of the Colombian criminal law system derived from the principle of liability in strict sense, based on its role as a guidance rule and leaving open the possibility to make of this rule a true guidance norm of the criminal law system
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    Reflexiones en torno de la acusación privada y el procedimiento penal abreviado
    (2018) Pulecio Ospina, Stephany; Mendieta Sepúlveda, Natalia; Tamayo Patiño, Francisco Javier
    In Colombia, law 1826, established a criminal abbreviate procedure and included the possibility of a private prosecutor with the power to pretend from the criminal responsible a full compensation of damages -- For this purpose, the above referred law, confirmed that the private accuser (figure subject of study in this paper) has the power to formulate a claim of fully compensation inside the special criminal abbreviated procedure -- The above mentioned norm prescribed that i) the private prosecutor claim of fully reparation must be incorporated in the transfer and presentation of the paper of charges, inside the special abbreviated procedure, ii) the private prosecutor must discover, enunciate and request the evidence that he pretends to make valuable to demonstrate his pretension in the same procedural terms and opportunities previewed in the special abbreviated procedure, and that iii) the judge will condemn the criminal responsible to pay the damages caused with the punishable conduct according to what is confirmed in trial in his verdict -- However, the establishment of the possibility to present an integral repairing claim in the abbreviated criminal procedure from the private prosecutor is far from leaving a clear panorama about its efficiency, application, effects and harmonization with the dispositions that are still on force in law 906 of 2004 -- This work aims to provide some tools for the authorities to develop and fix some problems and discuss better ways to attack the judicial congestion