Examinando por Materia "selectividad"

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  • Miniatura
    Ítem
    Marginalization in the Colombian Criminal Law. Analysis and thoughts about pandemic context.
    (Universidad EAFIT, 2021-12-17) Luna Hernández, María Helena; Universidad de Medellín
    This article will provide data on the Colombian social reality, with which it is intended to introduce the criminal development of the circumstances of punitive mitigation enshrined in article 56 of the Colombian Penal Code, whose common denominator lies in the phenomenon of marginalization, being this the phenomenon on which it will be deepened. Based on some proposals from Latin American jurists the need to develop criteria of criminal co-responsibility, that find an anchor between criminal dogmatics and the context of its application will be justified.
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    Ítem
    Reconocimiento de la circunstancia de marginalidad en el código penal colombiano
    (Universidad EAFIT, 2019) Luna Hernández, María Helena; Sotomayor Acosta, Juan Oberto; Escobar Veléz,Susana
    Criminal responsibility is a notion of crime that transcends the individual, extending the scope of reproach to the joint action of society and the State, while reducing or excluding the responsibility of the subject. The recognition of this shared responsibility is implicit in the circumstances of punitive attenuation enshrined in Article 56 of the Colombian Penal Code, whose common denominator lies in the phenomenon of marginality. This personal situation of the individual will determine the reproach to the devalued conduct, either because it is mitigated or exempted from criminal responsibility, which will depend on the concrete analysis of the circumstances of the individual in relation to his environment, that is, his scope of self-determination, their vulerability to be selected by the penal system, and the legitimacy of the State to demand a certain behavior in a specific case.