Abstract

VALDERRAMA-CUMBE, Juan Manuel; ARBOLEDA-CARDENAS, Yeimy Carolina; CRIOLLO-REY, Pablo Antonio  and  OSPINA-BAENA, Jimmy Hernán. The recurrence as a tool in the judge’s assessment at the time of imposing the measure of Pre-trial detention in prison in Colombia. Rev. Crim. [online]. 2021, vol.63, n.2, pp.53-66.  Epub July 18, 2021. ISSN 1794-3108.  https://doi.org/10.47741/17943108.316.

The aim of this study is to affirm that recurrence is a tool in the judge’s assessment at the time of imposing the measure of Pretrial detention in prison. To this end, a mixed methodology was applied to two axes: first, the Spearman correlation was used in the quantitative examination of the statistical relationship between arrests for theft in all its forms, personal injury and homicide, and behaviors contrary to coexistence (CCC) that put at risk the life and integrity of people, contemplated in numerals 1, 2, 3, 6, 7 of the National Code of Security and Citizen Coexistence (CNSCC) (Law 1801, 2016, art. 27), making use of official data registered in Colombia, in the Statistical, Criminal, Contraventional and Operational Information System of the National Police (SIEDCO), between 2017 and 2019. Secondly, a qualitative analysis was carried out that compares the two most relevant cases of recurrent catches that occurred in Colombia during the years 2017 and 2019. The results reveal that there is a significant non-causal statistical relationship between such behaviour and arrests for the aforementioned offences; this relationship tends to strengthen over time. In addition, it is found that individuals with more recurrent captures act according to a criminological learning that allows them to develop strategies to minimize the risk of obtaining a measure of detention restrictive of liberty. In conclusion, it is found that the recurrence can provide relevant information in the assessment of the establishment of the preventive detention measure in prison, which allows this evaluation to be strengthened.

Keywords : Penal system; social justice; Recurrence; recidivism; criminological analysis; citizen coexistence; security measure.

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