Nuevo Foro Penal, Vol. 17, Núm. 97 (2021)

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  • Ítem
    Commentary on the judgment C-163, 2021. Inability to resist versus physical, mental or sensory disability in relation to sexual crimes
    (Universidad EAFIT, 2021-12-17) Semillero en Derecho Penitenciario de la Pontifica Universidad Javeriada; Semillero en Psicología forense de la Universidad El Bosque; Pontificia Universidad Javeriana; Universidad El Bosque
  • 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.
  • Ítem
    Systematic location of the ‘absence of harmful conduct’ in the theory of crime
    (Universidad EAFIT, 2021-12-17) José María Peláez Mejía; Docente
    This reflection article aims to show the several proposed solutions at doctrinal level to the legal problems arising from the question pertaining to the systematic location of the "absence of harmful conduct" in various of the dogmatic and structural theory of crime categories, and then show which is the jurisprudential line that the Criminal Cassation Chamber of the Supreme Court has handled in this regard, proposing then a solution from the framework of Objective Imputation that can be fully satisfactory and coherent with the gears of the Constitutional Laws that govern the Criminal Law and Penal Procedures of Colombia. To fulfill this objective, the construction of jurisprudential lines and the dogmatic method were used as research methods.
  • Ítem
    Commentary on Judgement SP3339-2020 [52708 (09-09-20] Supreme Court of Justice). Ordinary jurisdiction versus indigenous jurisdiction and criminal alternative in accordance with ILO Convention 169.
    (Universidad EAFIT, 2021-12-17) Ariza Higuera, Libardo José; Hernández Jimenez, Norberto; Universidad de los Andes; Pontificia Universidad Javeriana
  • Ítem
    Approach to the legal-criminal right of public health in Colombia
    (Universidad EAFIT, 2021-12-17) Díaz Arana, Andrés Felipe; Universidad de los Andes
    Recently, the discussion on the concept and specific scope of the legal-criminal good protected by Title XIII of the Colombian Penal Code has gained renewed interest. This article analyzes the issue in the international order, the evolution of national legislation in this regard is reviewed, the main positions adopted by jurisprudence and doctrine are exposed and, finally, a position is adopted on the matter.
  • Ítem
    Improper management crime in Colombia. A corporate perspective
    (Universidad EAFIT, 2021-12-17) Pantoja Ruíz, Juan Pablo; Pontificia Universidad Javeriana
    The offence of disloyal administration, established by Article 250B of the Colombian Penal Code, was created as an instrument to combat corruption in the private sector. The Colombian legislator was inspired by the Spanish legal system to criminalize the act of the administrator who, abusing his or her functions, disposes of company assets or incurs contractual commitments at the company's expense, causing an economically assessable damage. However, to understand when the administrator acts outside his functions and abuses them requires a closer look at company law, which originally regulates the duties of administrators. This paper studies this relationship between criminal law and corporate law to seek to give content to the crime of unfair administration under the theory of the fiduciary duties of the administrator in Colombia. After this, he studies the particularities of the type of unfair administration, pointing out that its wording could be improved, since the promoters of companies in formation were not included, the damage should be predicated on the company and not on its partners, and any administrator who acts for a benefit other than that of the company also abuses the functions of his or her position. Finally, some general conclusions are presented.
  • Ítem
    Unconstitutionality Of Law 2098 Of 2021
    (Universidad EAFIT, 2021-12-17) Hernández Jiménez, Noberto; Rodríguez Padilla, Alexa Liliana; Pontificia Universidad Javeriana; Universidad del Bosque
  • Ítem
    The unconstitutionality of the abortion in light of the sentencing purposes
    (Universidad EAFIT, 2021-12-17) Boada Acosta, Juan Camilo; Universidad de los Andes
    This text analyses the constitutionality of the crime of abortion considering the objectives of punishment in the Colombian legal system. This is done considering the limits established by the Constitutional Court regarding the freedom of legislative configuration in criminal matters, especially the principles of necessity and proportionality. The objectives of punishment are also explained since the analysis of the principles are based on them. Finally, the crime of abortion is analyzed under these principles, and it is concluded that this crime is unconstitutional because it doesn’t pass the proportionality test.