Derecho Procesal Penal


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  • Ítem
    Los impedimentos normativos que detentan los inmigrantes venezolanos en condición irregular para desarrollar el derecho al trabajo en Colombia.
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Cali, 2021-10) Balcazar Figueroa, Juliana; Navisoy Mafla, Nicole; Muñoz Cordoba, Nataly; Andrade Neftali, Wilson
    This research aims to develop and identify which are the regulatory impediments that Venezuelan immigrants have irregular condition to develop the right to work in Colombia, taking into consideration that our legal system has evolved substantially in order to safeguard the prerogatives constitutional laws conferred in our superior statute for the entire social conglomerate, without ignoring that the same corpus iuris has exercised an imperative prohibition and abolition of irregular and disorganized migration with neighboring countries and that they are part of international law.
  • Ítem
    Una visión general de la justicia transicional en Colombia: perspectivas en relación con el derecho procesal penal
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Barrancabermeja, 2020-12) Jiménez Serrano, Román Eduardo; Arsanios Troncoso, Zaidy de Lourdes; Palmett Arsanios, Zaidy Jalima; Prada Galvis, Alberto
    The discourse of transitional justice in Colombia is still a measure that is in its first steps; It is a matter in gestation and is just producing the initial impressions around its development. This investigation is located in that context, to identify some considerations around criminal procedural law in the framework of transitional justice in the country, which could serve as an analysis to interpret the effectiveness of this process, in relation to the search for peace, taking into account its implications with criminal procedural law. A critical tour is made of its positive aspects and its difficulties, by virtue of its postulates and contents, taking into account the application tools. With a qualitative legal approach and based on the application of hermeneutic-deductive and phenomenological methods, the study finds that there are still gaps in its application, with reference to criminal proceedings.
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    La indagación preliminar una etapa para celebrar preacuerdos entre el indiciado y la fiscalia
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2021-08) Fragoso Molina, Anuar José; Rodriguez Perez, Yaritza Yineth; Nuvaez Castillo, Jose Javier
  • Ítem
    Medida de aseguramiento en Colombia vulneración del derecho a la libertad
    (Universidad Cooperativa de Colombia, Posgrado, Especialización en Derecho Procesal Penal, Santa Marta, 2015) Espinoza Espinosa, Luisa Milena; Molina Ramos, Diana Carolina; Aristizabal, Kelly
    Before Law 906 of 2004, Colombia had received strong criticism and constant complaints for the arbitrariness in the imposition of custodial detentions, in addition to the long duration of the same. With the implementation of the Accusatory Penal System, one of the aspects that it sought to improve was to make the application of insurance measures more secure, especially those that deprived of liberty; But the lack of a clear and precise criminal policy on the part of the State, the constant reforms to the accusatory system, the lack of change in the procedural culture, the inquisitive thinking, among others, has led to the maintenance of the same problems in this regard. For some authors it has worsened, at present there are certain crimes that deserve the automatic imposition of preventive detention of liberty.
  • Ítem
    Los derechos de las victimas a solicitar la suspensión y/o cancelación de registros fraudulentos frente a los derechos del procesado.
    (Universidad Cooperativa de Colombia, Posgrado, Especialización en Derecho Procesal Penal, Popayán, 2020) Oviedo Alegría, Juan Diego; Riascos Rodriguez, Alexander; Fernández Sotelo, Jordán Alejandro; Fajardo Hoyos, Nilsa Eugenia
    In the criminal procedure with an accusatory tendency introduced into the Colombian order, with Legislative Act 03 of 2002, it was possible to structure a new concept of victim, broader and more pluralistic, that could participate more actively, and, in accordance with international law, could access their rights to truth, justice and reparation, with the necessary guarantee of being able to access justice promptly to achieve their materialization. Given the ever-expanding powers granted by law and jurisprudence to victims in criminal matters, we were interested in analyzing the precedent of the Constitutional Court in the area of victims' rights, especially reparation and restitution in criminal proceedings.
  • Ítem
    La medida de aseguramiento privativa de la libertad en centro de reclusión carcelario viola flagrantemente la dignidad humana del procesado
    (Universidad Cooperativa de Colombia, Facultad de Ciencias Sociales, Especialización en Derecho Procesal Penal, Popayán, 2020-07) Téllez Salas, Ronnie Roberth; Jiménez Hoyos, Edilber; Lugo Cújar, Diana Milena; Fajardo, Nilsa Eugenia
    The measure of assurance in a prison center within the framework of the social state of law, implies an analysis within which, it must be established whether in the field of Colombian criminal procedure, and the penal program of the constitution, this measure is appropriate legal, and constitutionally. In this sense, it is worth raising the question that we have asked in this modest investigation: ¿Is it legally and constitutionally affordable to impose a measure to ensure freedom, without there being no injury to the principle of the human dignity of the insured? It should be noted that human dignity is the fundamental basis of our current social rule of law, proclaimed within our national constitution; In this sense, the authors of this work, addressing the presuppositions of article 307, literal A, numeral one, of the Code of Criminal Procedure, have wanted to make an analysis of the scope of the insurance measure in accordance with what is preached in the Political Constitution of Colombia, and more specifically in the development of the fundamental principle of human dignity understood as the fundamental basis of the structure of our social State of law, while integrating other elements and fundamental principles such as freedom, the presumption of innocence and the human dignity in a strict sense. Thus, an analytical method has been carried out through which some judgments of the Constitutional Court were studied, and a judgment of the Supreme Court of Justice, which evidences the manifest violation of the human rights of inmates within prisons, and among them, the fundamental principle of human dignity, as a direct injury to the founding principles of the Social State of Law. After analyzing the information, we found that, in fact, not only have serious injuries occurred to the insured in a massive and chronological manner, but also that there are no guarantees that these injuries are limited to the maximum, nor is there a criminal policy aimed at to study, analyze and rethink the humanitarian situation of those who, on account of this measure and protected by their presumption of innocence, have suffered the imposition of a restriction that, in the opinion of their authors, is not called to prosper.
  • Ítem
    Prueba sobreviniente y prueba de refutación: utilización en el sistema penal acusatorio.
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2020) Arboleda Cruz, Sebastian David; Lugo Quiroz, Edwin
    The change from an inquisitorial court system, such as Law 600 of 2000, to an adversarial, accusatorial criminal court system, gave great prominence to the evidentiary debate, at which point the criminal responsibility of the defendant is decided. One of the pieces of evidence that has caused great concern is that of rebuttal, which is often confused with supervening evidence. Therefore, the objective was established to establish what is the use of the rebuttal and supervening evidence in the Colombian Accusatory Criminal System. To this end, we described what is understood by each of these two types of evidence, identified their differences, and finally determined how to implement this type of evidentiary material. In terms of methodology, a qualitative, descriptive approach and basic type was applied in order to determine the use of the supervening evidence and rebuttal in the Colombian penal legislation. In addition, analytical summaries were used to collect information and content analysis was used to study the data collected.
  • Ítem
    Responsabilidad por línea de mando y participación en política de los actores del conflicto armado. Justicia Transicional y Jurisdicción Especial para la Paz
    (Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Bucaramanga, 2020) Ortiz Vanegas, Sonia Patricia; Carrillo Martínez, Jerly; Niño Pinzón, Oscar Fernando; Correa Corredor, Marien Yolanda; Quiñonez Correa, Sandra Milena
    This monograph presents the academic and legal debate on liability by command line, by virtue of which hierarchical superiors are called to answer for the actions of their subordinates and which is part of the right to justice claimed by the victims; as well as the fact that demobilized actors in the armed conflict participated in politics, within the framework of the Peace Agreement signed between the Government and the armed group FARC-EP in 2016. Discussions that from the scope of the objectives of peace and reconciliation intended, they are necessary, but, as they are organized here, also from the theoretical perspective of transitional justice with its main obstacles.
  • Ítem
    El tema de prueba en casos de flagrancia y su injerencia en la libertad personal
    (Universidad Cooperativa de Colombia, Posgrado, Especialización en Derecho Procesal Penal, Popayán, 2020) Girón López, Stephanie; Cortés Carrasquilla, Luz Elena; Mamian Majín, Liliana; Fajardo Hoyos, Nilsa Eugenia
    The present paper named “subject evidence in flagrancy and its interference in personal freedom” analyze the relation between jurisprudential limits of the flagrancy capture and its effect in personal freedom in Colombia, consider the research of the currrent regulatory framework and international pronouncements regarding the rigth to personal freedom. Its present the delimitations parameters of the flagrancy capture evidence, across a qualitative methodology that use documentary analysis.
  • Ítem
    Efectividad de la aplicación de la pena privativa de la libertad en el sistema de responsabilidad penal para el adolescente en los delitos de mayor gravedad
    (Universidad Cooperativa de Colombia, Posgrado, Especialización en Derecho Procesal Penal, Santa Marta, 2019) Laguna Bolaño, Francisco Javier; Vallecia Varela, Dino Oswaldo; Gonzalez, Jairo; Lugo Quiroz, Edwin
    This article briefly refers to the issue of the criminal liability system for adolescents and all national regulations and hospitalization, Which is part of a comprehensive protection for children and adolescents, On the other hand, it fits the aspect of the social environment that can be taken as possible causes for children to commit a crime whether mild or serious. This research provides the basic concepts related to the system of criminal responsibility for adolescents and the legal regime that concerns them, The content is structured in the chapters that result in the context of the minor offender, Causes, mechanisms, tools and legal effects to counteract the problem. This is a research Sociolegal legal analysis, seeking to assess the system of responsibility for adolescents in the law of childhood and adolescence in Santa Marta, from a survey of cases brought in the Criminal Courts for Children and Adolescents of this city, with a descriptive approach.