Abstract

PENA CUERVO, Juan José; MARTINEZ ESPINOSA, Luisa Fernanda  and  GONZALEZ RIOS, Juan Felipe. Punishment of recidivism in intra-family violence crimes: a violation of the criminal law principle of action in Colombia. Rev. Crim. [online]. 2020, vol.62, n.3, pp.65-77.  Epub Dec 04, 2020. ISSN 1794-3108.

This study analyzes subsection 3 of article 1 of Law 1959/2019, which amended article 229 of Law 599/2000, regarding the constitutional criminal principle of action in the Colombian legal system. Said principle is based on the Theory of Guarantees, as a guarantee for human dignity and people's fundamental right to freedom. To this end, a solely juridical study was carried out, in the framework of a study of correlations, using the methods of analysis and synthesis. Firstly, the legal content of the criminal law principle of action is reviewed, in order to determine its place in the framework of criminal guarantees in Colombia. Then, the criminal elements of intra-family violence in the Colombian legal system are identified, to subsequently study the arguments made by the legislators to establish recidivism in the crime of intra-family violence. We conclude by arguing that the legislators overreached their functions and designed a law that is invalid in terms of providing guarantees, which implies going beyond the Government's ius puniendi limits.

Keywords : Constitution; constitutional principles; criminal law of action; recidivism; intra-family violence (source: Latin American Criminal Policy Thesaurus - ILANUD).

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