Publicación:

Análisis de la incidencia del incremento de la pena contemplada en el artículo 229 inciso segundo del Código Penal Colombiano

Resumen

This article comes from a recent study about the problem of domestic violence in Colombian society. By analyzing some excerpts of our legislation, we found contradictions regarding this topic, as is the case of the second paragraph of Article 4 of the Code of Criminal Procedure, compared to the second paragraph in the Article 229 of the Penal Code. While the first of those claims that “gender [...] cannot be used in any case in criminal proceedings as an element of discrimination”, the second one, in an inconsiderate way, and with total disregard of other provisions (including the ColombianPolitiCal Constitution), exonerates women in aggravating or punishment and involves men, by the single condition of being male. Through the realization of this article, we will expand concepts about this subject and expose it to further controversy. In part, this article will contribute in some way to the resolution of difficulties, which have daily presence, through a new regulation of the mentioned article, in order to achieve an equality better aligned with Colombian reality.