Publicación:

La culpa exclusiva de la victima en casos de privación injusta de la libertad vista desde el cambio jurisprudencial

Resumen

The sentences of patrimonial responsibility to the State for Unfair Deprivation of Liberty, as of Decree Law 2700 of 1991, have had a great variation, depending on the approach that The State Council has carried out, which is why in most cases it is It is possible that the State be exonerated with the proof that the damage came from a strange cause, that is, that it is attributable to the determining and exclusive fact of a third party or the victim itself, as it is of constitutional origin, which is the basis of the duty to compensate for the faulty action of the administration, in consequence to the damage suffered by the citizen; for the specific case, there is the general rule of responsibility when the defendant's freedom is declared, either because the act did not exist, was not committed, was not established, or in the application of the in dubio pro reo; but these characteristics are the result of a period of six years since 2013, so to establish a consultation document on the application of the exclusive fault of the victim, his regime of responsibility to apply, the interpretation of the dubio pro reo, the definition of Article 63 of the Colombian Civil Code, the theory of adequate causality, probative autonomy, is right, with the jurisprudential focus of the change of decisions and its evolution in Contentious Administrative Law.