Abstract

BELTRAN CARDENAS, Lady Andrea  and  HERRAN PINZON, Omar Antonio. The unimpeachable in the Colombian penal system: Violation of the minimum intervention or necessary measure?. Hallazgos [online]. 2024, vol.21, n.42, pp.143-156.  Epub July 30, 2024. ISSN 1794-3841.  https://doi.org/10.15332/2422409x.9713.

The objective of this article is to examine the treatment of individuals considered unimpeachable within the Colombian penal system, focusing on determining whether their management aligns with the principle of minimal intervention or constitutes a necessary measure. A normative study was carried out on the treatment of mentally ill people who are immersed in the Colombian penal system, analyzed from a doctrinal, legal and jurisprudential component. In Colombia, the regulations that mandate special treatments for people with mental illnesses have currently not been complied with, which leads to the worsening of the problem and failure to comply with the purposes of security measures. In Colombia, the importance of a differential approach between people who are attributable and those who are not is not recognized. For this reason, the demand for justice is recurrent, expressed in custodial sentences for people who cannot be held responsible, assuming that special measures are inefficient. Thus, this study allows us to understand the need for differential measures, in accordance with the principles of minimum intervention, ultima ratio, and also in accordance with the purposes of security measures.

Keywords : unimputable; colombian penal system; minimum intervention; mental health; criminal law.

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