Publicación:

Desbordamiento del poder punitivo del estado: sobrepoblación carcelaria y penitenciaria en Colombia

Resumen

The main objective of this work was to analyze the punitive power that is at the head of the Colombian State and how the exercise of this power has affected the crisis of prison and penitentiary overpopulation currently facing the country. The present is a scientific article of bibliographic review, whose investigation involved the collection and analysis of qualitative data, likewise, it was necessary to achieve the fulfillment of the general objective, to carry out a bibliographic, normative and jurisprudential revision. Regarding the scope, the descriptive one was chosen. The prison and penitentiary crisis that Colombia has suffered in the last twenty years has had a strong incidence due to the overflow of the ius puniendi of the State and the lack of a clear and coherent criminal policy. While the Colombian State assures that it is necessary to reduce the rates of overcrowding, although making criminal reforms that create new criminal types, increases the penalties and reduces or restricts benefits and criminal surrogates. In 2007 the rate of overcrowding was 17.2% and for 2017 it increased drastically to 51.2%.