Flexibilidad de la ley penal en los delitos cometidos por menores de edad

Through this article an analysis of the system of criminal responsibility for adolescents is carried out - Law 1098 of 2006, in order to establish the flexibility of the Colombian Criminal Law in the crimes committed by minors and if the current legislation responds effectively and effectiveness of...

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Autor Principal: Burbano Benavides, Lina Alexandra
Otros Autores: Meneses Ortiz, Alexander
Formato: info:eu-repo/semantics/bachelorThesis
Idioma: spa
Publicado: Universidad de San Buenaventura, Cali 2019
Materias:
Ley
Law
Acceso en línea: http://hdl.handle.net/10819/6789
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Sumario: Through this article an analysis of the system of criminal responsibility for adolescents is carried out - Law 1098 of 2006, in order to establish the flexibility of the Colombian Criminal Law in the crimes committed by minors and if the current legislation responds effectively and effectiveness of transgressions to the Criminal Law. For the granting of arguments, it will be necessary to resort to the extensive bibliographical framework existing on the subject of juvenile criminality in Colombia and the existing proposals by the political constitution and judicial bodies, in order to corroborate the criminal estates in infants or Adolescents who have committed criminal acts, committing acts of violence and transgression of Colombian laws. It is necessary, the analysis of policies that consolidate the progressive development for the evaluation of risks and guarantees for the minors who are involved in criminal acts, taking as reference and protection the current norm of Childhood and Adolescence The importance of consolidating terms and tools to intervene in cases where criminal acts have been committed by minors, which in response to the rights of the child as a minor fact, is important; Exonerating the guilt and consequences not by the act committed or the insults, but by its chronological or minority condition. That is, the crime is evaluated not under the traditional legal or operational parameters of the sentence, but is appealed by the minor's age of the infant, allowing an abysmal criminal situation where in many cases is released from responsibility Minor or its consequences are minimal, to differences of having committed a crime being of age. This ambiguity motivates the objectives outlined in the present investigation and, with more specific terms, exposes failures to the evaluation of Crime and Punishment mentioning Dostoyevsky in Colombian justice.