Publicación: Pertinencia de la creación de un tipo penal autónomo en Colombia que proteja la vida de los infantes
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The killing of children and adolescents in Colombia has created a social problem with echoes to the spheres of the legislative. While it is true that this phenomenon or problem attracts the attention of the media and society in general, it is no less true that it has become an exhortation to the legislator, so much so that it has sought through legislative acts to harden the penalty that punishes any conduct that violates the right to life of those subjects of special protection. Therefore, this research aims to establish the relevance of the creation of an autonomous criminal type that protects the lives of infants in Colombia, and for this purpose has been a comparison of national and international standards, to define the protection of the rights to life of infants at the international level and their possible applicability to the national sphere. Consequently, homicide figures against infants in a 0 to 9 year age range of the National Institute of Legal Medicine and Forensic Sciences have been analyzed, resulting in a slight increase from 2016 to 2018. Finally, it is established that the possible creation of an autonomous criminal type that protects the lives of infants, although it does not create a disadvantage, does not generate an advantage since it has been showed in this investigation process that the type of criminal homicide provided for in the Article 103 of Law 599 of 2000 and its aggravators are sufficient for the fulfilment of the purposes of the penalty other than prevention, fair remuneration, protection and reintegration.