El movimiento de mujeres tanto en Colombia como en el mundo tiene una larga tradición en el uso del derecho. Este trabajo, además de dialogar con la literatura sobre este tema, pretende analizar otra arista de la relación del derecho penal con los movimientos de mujeres que centra su mirada, ya no en las profundas críticas planteadas al derecho penal, sino en la creciente demanda punitiva por parte de estos movimientos.
{"title":"Mujeres, atrocidad y castigo: un estudio de caso sobre las razones del movimiento de mujeres para penalizar el feminicidio en Colombia","authors":"David Fernando Cruz Gutiérrez","doi":"10.17230/nfp.15.93.5","DOIUrl":"https://doi.org/10.17230/nfp.15.93.5","url":null,"abstract":"El movimiento de mujeres tanto en Colombia como en el mundo tiene una larga tradición en el uso del derecho. Este trabajo, además de dialogar con la literatura sobre este tema, pretende analizar otra arista de la relación del derecho penal con los movimientos de mujeres que centra su mirada, ya no en las profundas críticas planteadas al derecho penal, sino en la creciente demanda punitiva por parte de estos movimientos.","PeriodicalId":33735,"journal":{"name":"Nuevo Foro Penal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67425479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Organized Crime, as a current phenomenon, has been studied not only in each country that suffers these crimes, but also by international laws, which allow us to outline a concept adaptable to the social reality of each nation. For Colombia, the construction of this concept has not been an easy task, either due to the negligence of the legislative body or because of the problems inherent to the conceptual construction of organized crime (plurality and authorship, permanence in time, among others) as we will see below.
{"title":"Conceptualización del Crimen Organizado y su regulación en la legislación Penal Colombiana","authors":"A. D’angelo, Edwin de Jesús Lugo Quiroz","doi":"10.17230/NFP.15.92.7","DOIUrl":"https://doi.org/10.17230/NFP.15.92.7","url":null,"abstract":"Organized Crime, as a current phenomenon, has been studied not only in each country\u0000that suffers these crimes, but also by international laws, which allow us to outline a\u0000concept adaptable to the social reality of each nation. For Colombia, the construction\u0000of this concept has not been an easy task, either due to the negligence of the legislative\u0000body or because of the problems inherent to the conceptual construction of organized\u0000crime (plurality and authorship, permanence in time, among others) as we will see\u0000below.","PeriodicalId":33735,"journal":{"name":"Nuevo Foro Penal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46426276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In memory studies and in the field of transitional justice, the story of the victims is usually seen as relevant. It is usually assumed that what is said by the victims has an absolute value of truth and cannot be controverted, otherwise we would be attacking their dignity. And, next to this, it is maintained that everything held by the perpetrators is false, and therefore we cannot believe absolutely in what they tell. But we have to take into account that neither perpetrator nor victims are witnesses, but, from a legal point of view, they are active parties in that social relationship we call crime. In this text, I want to discuss the relationship between the witness and the archive and for that I use the Colombian case as a case study. Initially I analyze the question of memory and later I analyze the relationships between truth and memory. With this text, I intend to contribute to the studies of transitional justice that take for granted, without further analysis, the validity of the documentary contributions or the stories of the victims and the witnesses. It is not a mere theoretical pretension, since it depends on the elaboration of truth criteria for both the criminal justice system and the Truth Commissions.
{"title":"El archivo y el testigo. Un análisis de la relación entre memoria y justicia a partir del caso colombiano","authors":"Farid Samir Benavides Vanegas","doi":"10.17230/NFP.15.92.3","DOIUrl":"https://doi.org/10.17230/NFP.15.92.3","url":null,"abstract":"In memory studies and in the field of transitional justice, the story of the victims is usually seen as relevant. It is usually assumed that what is said by the victims has an absolute value of truth and cannot be controverted, otherwise we would be attacking their dignity. And, next to this, it is maintained that everything held by the perpetrators is false, and therefore we cannot believe absolutely in what they tell. But we have to take into account that neither perpetrator nor victims are witnesses, but, from a legal point of view, they are active parties in that social relationship we call crime. In this text, I want to discuss the relationship between the witness and the archive and for that I use the Colombian case as a case study. Initially I analyze the question of memory and later I analyze the relationships between truth and memory. With this text, I intend to contribute to the studies of transitional justice that take for granted, without further analysis, the validity of the documentary contributions or the stories of the victims and the witnesses. It is not a mere theoretical pretension, since it depends on the elaboration of truth criteria for both the criminal justice system and the Truth Commissions.","PeriodicalId":33735,"journal":{"name":"Nuevo Foro Penal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44079942","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
If we recognize that animals have rights, even minimal and rudimentary as the right to not to be killed without an acceptable reason or the right to live without constant or repetitive pain (§ 17 Animal Protection Law), then the consequence is that they would be covered by the right to selfdefense. Such rights would configure the attacked subjective right, which is exercised by humans instead of animals and they do so in their interest based on a legitimate third party’s defense. The legitimate defense in favor of animals is, however, less extensive than the one which is carried out in favor of a human being, according to the thesis I defend in this article.
{"title":"Legítima defensa de animales","authors":"Luís Greco","doi":"10.17230/NFP.15.92.1","DOIUrl":"https://doi.org/10.17230/NFP.15.92.1","url":null,"abstract":"If we recognize that animals have rights, even minimal and rudimentary as the right to not to be killed without an acceptable reason or the right to live without constant or repetitive pain (§ 17 Animal Protection Law), then the consequence is that they would be covered by the right to selfdefense. Such rights would configure the attacked subjective right, which is exercised by humans instead of animals and they do so in their interest based on a legitimate third party’s defense. The legitimate defense in favor of animals is, however, less extensive than the one which is carried out in favor of a human being, according to the thesis I defend in this article.","PeriodicalId":33735,"journal":{"name":"Nuevo Foro Penal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46909129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article discusses the rules on command responsibility issued within the implementation of the Peace Agreement between the Colombian Government and the guerrilla group FARC-EP. The objective is to analyse the meaning of those rules, considering the judgment of the Appeals Chamber of the International Criminal Court in the Bemba case, decided in June 2018. This text argues that those rules on command responsibility cannot be an independent basis for criminal liability, and therefore, applying the ordinary Colombian Criminal Law or International Criminal Law is still necessary. Those rules on command responsibility should facilitate the articulation of the international and domestic levels. However, they generate some interpretive difficulties and exacerbate the tensions on this topic between these two normative levels.
{"title":"La responsabilidad por el mando en el Acuerdo de Paz firmado por el Gobierno Colombiano y las FARC-EP: un análisis sobre la base del caso Bemba de la Corte Penal Internacional","authors":"Gustavo Emilio Cote Barco","doi":"10.17230/NFP.15.92.4","DOIUrl":"https://doi.org/10.17230/NFP.15.92.4","url":null,"abstract":"This article discusses the rules on command responsibility issued within the\u0000implementation of the Peace Agreement between the Colombian Government and\u0000the guerrilla group FARC-EP. The objective is to analyse the meaning of those rules,\u0000considering the judgment of the Appeals Chamber of the International Criminal Court in\u0000the Bemba case, decided in June 2018. This text argues that those rules on command\u0000responsibility cannot be an independent basis for criminal liability, and therefore,\u0000applying the ordinary Colombian Criminal Law or International Criminal Law is still\u0000necessary. Those rules on command responsibility should facilitate the articulation\u0000of the international and domestic levels. However, they generate some interpretive\u0000difficulties and exacerbate the tensions on this topic between these two normative\u0000levels.","PeriodicalId":33735,"journal":{"name":"Nuevo Foro Penal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44852594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The present investigation analyzes the legal treatment of prostitution and its form of punishment when it is done coercively. From a Criminal Law perspective, there is some debate on whether it is necessary to expand the field of potential authors who, in some way, obtain economic or social benefits from prostitution:. Among the first are, on the one hand, the non-coercive pimps, basically, the owners of brothels and hostess clubs and ruffians, and, on the other hand, those who practice prostitution. Among the second are the customers. This article looks at the different models that speak of the punishment of this practice and exposes its characteristics, and then goes on to develop its central objective that to analyze the legitimacy of such models from a criminal perspective, which implies to investigate the basis of the punishment of the behaviors whose criminalization is defended.
{"title":"Prostitución: ¿qué castigar? Trabajadoras, burdeles, rufianes y clientes","authors":"Mariona Llobet Anglí","doi":"10.17230/NFP.15.92.2","DOIUrl":"https://doi.org/10.17230/NFP.15.92.2","url":null,"abstract":"The present investigation analyzes the legal treatment of prostitution and its form of punishment when it is done coercively. From a Criminal Law perspective, there is some debate on whether it is necessary to expand the field of potential authors who, in some way, obtain economic or social benefits from prostitution:. Among the first are, on the one hand, the non-coercive pimps, basically, the owners of brothels and hostess clubs and ruffians, and, on the other hand, those who practice prostitution. Among the second are the customers. This article looks at the different models that speak of the punishment of this practice and exposes its characteristics, and then goes on to develop its central objective that to analyze the legitimacy of such models from a criminal perspective, which implies to investigate the basis of the punishment of the behaviors whose criminalization is defended.","PeriodicalId":33735,"journal":{"name":"Nuevo Foro Penal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42527386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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