Nuevo Foro Penal, Vol. 16, Núm. 94 (2020)

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https://hdl.handle.net/10784/17628

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    Act 1959, of June 20, 2019.
    (Universidad EAFIT, 2020-06-28) Vega Ramos, Andres Felipe; Universidad Externado de Colombia
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    Criminal policy and Criminal law: ultima ratio and the voluntary termination of pregnancy (abortion)
    (Universidad EAFIT, 2020-06-27) Posada Maya, Ricardo; Universidad de los Andes
    This text analyzes the historical, legal and criminal policy conditions that have justified the criminalization of abortion, in order to propose its relative decriminalization in the Colombian Penal Code of 2000. The central argument states that the crime of abortion, despite the fact that seeks to protect the dependent life of the unborn, in some cases it represents an excess of punitive intervention with respect to the constitutional rights of women, since the standards derived from the postulate of ultima ratio are not met to justify their proportionate restriction, effective and preventive. The rights of women and the life of the unborn can be adequately regulated, implementing a system of deadlines in addition to the conditions established by the Constitutional Court that protects them both. It is, without a doubt, a deep and difficult debate that raises serious political-criminal debates.
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    Editorial
    (Universidad EAFIT, 2020-06-27) Revista Nuevo Foro Penal; Universidad EAFIT
    Covid-19. Criminal System.
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    Franco’s last trip: memory and justice, or electoral opportunism?
    (Universidad EAFIT, 2020-06-28) Ruíz-Morales, Manuel L.; Universidad de Cádiz
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    In defense of the imputation hearing. A proposal in the Colombian criminal procedure system
    (Universidad EAFIT, 2020-06-27) González Jaramillo, José Luis; Universidad Cooperativa de Colombia
    The formulation of charges in Law 906 of 2004 is the act through which the preliminary accusation made in the criminal process is communicated to the accused. Legislation, jurisprudence and doctrine have understood it as an act on the part of which no control is applied, ignoring the epistemological and ideological presuppositions of the accusatory criminal system. The legislator has found in this context a favorable environment to propose regulatory initiatives that advocate the elimination of the formulation of charges in Law 906 of 2004. This text maintains that the preliminary formulation of charges or imputation is a control to the Criminal claim from a procedural (formal), threats (material) and evidentiary perspective, without losing sight of the constitutional interest that the judge of control of guarantees must protect.Spani
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    The influence of neuroscience on the execution of criminal sentence, from the purpose to reincorporation
    (Universidad EAFIT, 2020-06-27) Cardona Godoy, José Leandro; Universidad Autónoma Latinoamericana (UNAULA).
    The social reintegration is one of the ends of the penalty that has been causing the greatest concern in the doctrine, the criminal policy and the society in general, during the last years; The ineffectiveness of the programs being carried out in the current prison system entails to the continued recurrence of crime. that prisons become not centers of re- socialization but specialized schools of crime. For this reason, in this article we intend to reflect on the influence that neurosciences could have on the prison system with regard to the execution of the sentence from the resocializing goal; This, taking into account its advantages and disadvantages.
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    Liberty by expiration of the term to accuse: an interpretation from constitutional principles
    (Universidad EAFIT, 2020-06-27) Peña Bernal, Jhon Fredy; Fiscalía General de la Nación
    The study carried out for the 317.4 article of the code of criminal procedure begins with a brief comment on the inadmissibility of applying a grammatical interpretation of the text, to then go on the shelves of the Congress in order to find the spirit of the law in regards to deadlines to accuse and having to do with the regime of freedom. With equal end you come to principles of constitutional interpretation and technique that implements the test of proportionality. This analysis contains the different modifications that has suffered the article 317 to date, and shows the gradual increase of the procedural terms of the articles under analysis; It also unraveled the mistake made by the legislator in the last three reforms to article 317, which fades the sense of the law the legal text making incoherent.
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    The spatial application of the company’s criminal liability in Swiss Criminal law in light of the recent jurisprudence of the Federal Court
    (Universidad EAFIT, 2020-06-27) Godel, Thierry; Universidad de Friburgo
    The opening of borders and the globalisation of many commercial activities have encouraged the development of cross-border crime. In Switzerland, as in Europe or Latin America, there has been a resurgence of criminal proceedings with an international dimension against companies. Article 102 of the Swiss Penal Code appears as a fundamental instrument in the fight against corporate crime. However, since the recognition of a corporate criminal responsibility in the Swiss Criminal Law, in 2003, a key issue remained unresolved: does the law provide a new corporate crime or a sui generis form of participation in a crime committed by a natural person? In its judgement of 12th December 2019, the Swiss Federal Court clarified this fundamental aspect which influences the spatial application of the corporate criminal responsibility, respectively the competence of the Swiss authorities.
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    Validity of the statutory terms of the extradition proceeding in Colombia during the national state of emergency due to the Covid 19 pandemic
    (Universidad EAFIT, 2020-06-28) Penilla Rodríguez, Alejandro; Universidad Javeriana de Cali