Publicación:

Del por qué de las diferencias en el sentido de fallo y la proporcianalidad de la sanción cuando se da simultaneidad de procesos penales y disciplinarios

Resumen

The simultaneity of the criminal process with the disciplinary process is allowed in the Colombian legal system without this violating due process, and without the sanction imposed on the one being exclusive or marking with some vice of nullity that imposed by the other. However, despite the fact that the two processes are carried out for the same facts and with the same procedural subjects, they do not always coincide in the sense of the ruling, and even when they do, they can even contemplate totally disproportionate sanctions. Following this order of ideas, in order to establish the reason for these differences, it is necessary to carry out a jurisprudential analysis based on criminal and disciplinary rulings, in order to have clarity on what are the items that can differentiate these two rulings, and make clear why despite not coinciding, one does not exclude the other and both can be perfectly legal.