Derecho Procesal Penal

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https://hdl.handle.net/20.500.12494/1232

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Acceso abierto
Implementación de la Política Pública “Mujer y equidad de género de Santander”, para la protección de los derechos de las mujeres rurales, en el municipio de Tona, Santander, 2020-2023
(Universidad Cooperativa de Colombia, Facultad de Derecho, Derecho, Bucaramanga, 2023-10-24) Sequeda Navas, Jorge Armando; Beatriz Ines Puyana
Peasant women play a fundamental role in the transformation of the Colombian economy, since not only stability depends on them, but also a crucial role in the family economy. However, social representations, culture, and ancestral imaginaries constitute a strong barrier to the visibility and recognition of her contribution to family and social development. She often assumes an excessive burden of work and responsibilities, not only in production but also in household and, in many cases, childcare and care for the elderly, without remuneration, and is exposed to exclusion and various forms of violence. The objective of this research is to assess the application and implementation of the "Women and Gender Equity Policy of Santander," adopted through Municipal Agreement 014 of 2011 by the Municipality of Tona, Santander. This is an Analytical-Descriptive research study since it involves collecting data and information regarding projects and programs implemented in the Municipality of Tona – Santander, with an integrative or mixed (qualitative and quantitative) approach. Thirty women from the municipality of Tona were interviewed regarding their knowledge of the Public Policy and the actions taken by the municipality to promote awareness and empowerment. In conclusion, it was evident that the administration has not effectively communicated the scope of the Public Policy to the community, has not carried out projects and programs in compliance with its commitments, has not allocated the budgetary funds designated for this purpose, and, most importantly, has not established "an administrative body at the highest level" to fulfill the functions outlined in Article 5 of the Municipal Agreement.
Acceso abierto
Los impedimentos normativos que detentan los inmigrantes venezolanos en condición irregular para desarrollar el derecho al trabajo en Colombia. https://repository.ucc.edu.co/handle/20.500.12494/36264
(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.
Acceso abierto
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.
Acceso abierto
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
Acceso abierto
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.
Acceso abierto
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.
Acceso abierto
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.
Acceso abierto
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.
Acceso abierto
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.
Acceso abierto
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.
Acceso abierto
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.
Acceso abierto
Recursos procesales ordinarios como ejercicio del derecho de defensa y contradicción frente a la formulación de imputación. Línea: Derecho Procesal Penal Ley 906 de 2004.
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2020) Aaron Viloria, Rafael Javier; Ospino Núñez, Alejandro Celestino; Lugo Quiroz, Edwin; Nuvaez, José Javier
Taking into account that ordinary procedural remedies are an integral part of the right to defence, contemplated in our country in the Colombian political constitution, in Article 29 as a fundamental right of great importance, since it is one of the most important guarantees for all Colombian, within a social rule of law, it states that anyone who is syndicated from the possible commission of a crime is entitled to the assistance of a lawyer chosen by him, or of his own office in charge of the state, who will assume the defense of the syndicate during the investigation and the trial, however this mandate is not currently being guaranteed, in the hearings of impeachment of charges, since in practice the lawyer and his defendant only have to listen to the communication by the attorney general of the nation of the charges that are charged law 906 of 2004 , without being able to dispute the evidence and physical evidence with which the prosecution reasonably infers the possible authorship of the accused in the commission of a crime, which would subsequently lead to a possible imposition of an insurance measure. It is therefore necessary to analyse the theoretical content of Law 906 of 2004 (Criminal Procedural Law), as well as the study of dogmatics related to the rights of the defence and its immediate relationship with the imputation hearing.
Acceso abierto
Efectividad jurídica del proceso penal abreviado y la acusación privada implementada por la ley 1826 del 2017, frente a la congestión judicial en los juzgados penales municipales con funciones de conocimiento en la ciudad de Santa Marta.
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2018) Redondo Llanes, Berly Tatiana; Lugo Quiroz, Edwin
With the effectiveness of Law 1826 of 2017, as of July of the same year, there was a proportional change to the penal system in Colombia, the law in question introduced certain modifications to the criminal procedure, including the delictable crimes for processing before the abbreviated criminal process, in turn, it would contribute to the existing judicial decongestion, and a transcendental change,, lies in the participation and role played by the victim through his agent in the process. This article was developed under the objective of the analysis regarding the legal effectiveness before the abbreviated criminal process and the private prosecution implemented by Law 1826 of 2017, against the judicial congestion in criminal offices with knowledge functions. Likewise, it was implemented as a legal and descriptive investigation, which through its qualitative approach led to the analysis that the aforementioned Law, despite providing tools that would contribute to issues of procedural economy such as elimination of charges, reduction of hearings and the time in which the process is developed, the results in the practices only denoted multiple failures, making it clear that this does not meet its purpose or objective for which it was created.
Restringido
Falta de centro de atención especializada en el Distrito Judicial de Santa Marta. Vulneración a los derechos del menor infractor privado de la libertad.
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2015) Annicchiarico Felizzola, Macyel; Manjarrez Martínez, Carlos; Zarco, David
On January 1 of 2009 the of the system of criminal responsibility for adolescents developed by the 1098 Law of 2008 began to be implemented, in Magdalena the number of children in conflict with the system per year given by the Colombian Family Welfare Institute was: 108 cases in 2009, 145 in 2010, 130 in 2011 and 142 in 2012. Approximately 15% of the 102 cases of punishment were referred to specialized care centers since the system started to apply.The problem is that the city of Santa Marta does not have a specialized center for juvenile offenders to be interned, so they have to be sent to other centers in different cities, according to availability. Therefore, the aim of this study was to determine if the described problems represent a violation of the adolescent’s rights and legal guarantees. First, rights and international and domestic protection of children and adolescents was identified; then, the system of criminal responsibility applied to adolescents in Colombia was described; and finally it was examined whether the rights of juvenile offenders are violated due to the lack of a specialized care.
Acceso abierto
Verdad, justicia, reparación y no repetición ¿cuáles son los parámetros internacionales de justicia transicional?
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2017) Granados Reyes, Juan Carlos; Monsalve Aparicio, Mario Alberto; Zarco, David
As the Colombian national government manages to sign a peace agreement with another armed actor in the internal armed conflict, such as the FARC guerrilla group. This work team considers that it is important to identify and analyze the international parameters to which the Colombian State is obliged to fulfill in each of the victims' rights, to truth, justice, reparation and non-repetition. To achieve the described objective, a mixed methodology with a descriptive scope was implemented, in which, by carrying out analytical research summaries of a wide bibliography, regulations, and jurisprudence, the content was analyzed and the concept of Transitional Justice could be established, the parameters of truth, justice, reparation and non-repetition were identified; and finally, the situation in Colombia was analyzed.
Acceso abierto
Vulneración del poder dispositivo en el restablecimiento del derecho material de la víctima en la ley 906 de 2004
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2020) Ospino Guillen, Enrique; Ortega Wilches, Alexander; Nuvaez, Jose Javier; Bueno Atencio, Aldair
The present article of reflection analyzes whether the device power of the restoration of the material right of the victims in the criminal process is violated, taking as a reference that the rights of the victims from the Colombian legal system, has been the subject of much controversy within the structure procedural established in law 906 of 2004. Whose content developed by the legislator, delegated the legitimation of the exercise of their rights through the representation of the prosecutor's procedural subject. In light of the Constitutional Court of Colombia, from a past opportunity (judgment C 561. 2011, p. 24), it considers as a victim any person who has suffered damage as a result of the crime, although he stated that this figure is not defined . As such in the Political Constitution, however, the jurisprudence has issued concepts that protect all persons who have had their rights violated, either by omission by the state or by acts of concurrence of a crime. In the restoration of the right, the aim is to repair, with a different meaning, leading to the compensation of the offense or the damage caused, therefore, when we refer specifically to the measures to restore the right, the solution to the problem is to give the congress the scope of protecting the rights of the victims so that it determines the way to keep the people who are part of the processes as the main affected linked and that they know their procedures so that one way or another their rights can be restored.
Acceso abierto
Alcance de la prueba de refutación del proceso penal frente al principio de contradicción e inmediación
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2020) Granados Macchi, Omar Antonio; Vargas Urzola, Jennifer Karen; Lugo Quiroz, Edwin; Bueno Atencio, Aldair
Only with the entry of the Accusatory Penal System, Law 906 of 2004, is that the refutation test is enshrined. However, the emergence of this legal figure brings many problems, generated mainly by its deficient legal regulation. Its specific purpose is to contradict, challenge a test that has been practiced by the opposing party, in the middle of the oral trial hearing, to detract from its credibility, or get the judge not to take it into account when making his decision. Attending these considerations, the proof of refutation in our legal system, justifies its study by the poor study and its absent regulation, directed specifically at the legal scope within the accusatory criminal system, the principles that frame it and the background that allow to relate its development.
Acceso abierto
Actuación de la victima en la ley 906 de 2004 frente a la sentencia C - 209 de 2007
(Universidad Cooperativa de Colombia, Facultad de Derecho, Especialización en Derecho Procesal Penal, Santa Marta, 2019) Ferreira Cantillo, Eder; Rincon Villar, Oto Jose; Nuvaez, Jose
Throughout the validity of Law 906 of 2004, which implemented the accusatory criminal system in Colombia, various approaches have been woven into the practice of criminal proceedings, this in reference to the actions of victims in the investigation and trial. penal. At this point, it is necessary to take into account what was raised by judgment C - 209 of 2004, which evidences the “intervening” nature of the victim in order to exercise autonomously some of the functions that were delegated to the prosecutor; Although the function of accusing, is in the head of the prosecution, the intervention of the victim is not subject to the prosecutor's actions. Currently, the constitutional court has reiterated the constitutional right of all Colombian citizens who are victims of access to justice, truth, reparation and non-repetition, without mainly neglecting the substantiality.
Restringido
La aplicación del principio de oportunidad en el proceso penal frente al delito de terrorismo en el marco de la causal de colaboración eficaz del imputado y sus efectos a los derechos y garantías de las víctimas
(Universidad Cooperativa de Colombia, Posgrado, Especialización en Derecho del Proceso, Bucaramanga, 2015) Álvarez Poveda, Ana francisca; Ariza Quintero, Jorge Uriel; Salazar Santamaría, Martha Cecilia; Reyes, Hernando
Acceso abierto
La medida de aseguramiento en el cumplimiento de la obligación alimentaria en Barrancabermeja
(Universidad Cooperativa de Colombia, Posgrado, Especialización en Derecho Procesal Penal, Barrancabermeja, 2019) Gómez Prada, Monica; Villanueva Rodríguez, Diana Carolina; Gómez Prada, Sergio Eduardo; Prada Galvis, Alberto
The preventive ideal of Criminal Procedure Law led the legislator to adopt, in Law 906 of 2004, 11 measures of assurance of a personal nature; two that drastically deprive the accused of his fundamental right to ambulatory freedom, prison detention and house arrest, and nine less demanding, although restrictive and limiting of other rights, called “non-custodial”. Within that framework, the question arises as to whether this measure is effective in fulfilling the food obligation, guaranteeing the agreements that the parties agree upon and the timely satisfaction of the applicants. The investigation that has been carried out has the purpose of responding, with legal arguments, to this problem, based on the legal framework and the available jurisprudence, as well as in the analysis of the cases judged. It has been carried out in the courts of Barrancabermeja with a qualitative hermeneutic-legal approach, with the application of inductive and deductive methods; Phenomenological, analog and dialectic.

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