Publicación:

Los retos y desafíos de la política criminal en torno al delito de feminicidio en Colombia

Resumen

Background: In Colombia there is a criminal policy around the crime of femicide, however, despite the fact that it has specific regulations and standards regarding the issue, such as Law 1761 of 2015, which typifies femicide as a type autonomous criminal law, problems continue to arise since this regulation lacks effectiveness because it is not being fully complied with. As a consequence, the fundamental guarantees of the victims are violated. Objective: To analyze the challenges and challenges of criminal policy around the crime of femicide in Colombia. Methodology: Qualitative, descriptive, documentary review. More than 233 sentences of the high courts were analyzed using their reports as a database and applying various inclusion criteria. The analysis of the sentences was carried out under the parameters established by Diego López Medina. Results: A series of patterns was found where it is evident that in Colombia the criminal policy around the crime of femicide lacks total effectiveness. In addition to flaws in the normative interpretation that affects the high courts, it can also be evidenced in the Attorney General's Office by not correctly applying all the actions aimed at determining the context in which the femicide occurred. Conclusion: Based on the flaws found in the configuration and application of the criminal offense of femicide and the ineffective criminal policies in Colombia, it is recommended that the State urgently establish public policies that manage to generate a system that efficiently deals with crime and in this way mitigate the high rates of femicide in Colombia.