Nuevo Foro Penal

Analysis of the position of guarantor, coupled with the nature of the rights of minors. Commentary on the judgment of the Supreme Court of Justice SP-801, March 16, 2022 (54940). M.P: Luis Antonio Hernandez Barbosa

2025-06-20T16:56:21-05:00

Eligibility for parole, no matter how ‘Malo’ the offender may have been. Comments on the judicial decisions by the Colombian Supreme Court (AP4975-2024 y AEP080-2024)

2025-06-26T09:57:04-05:00

A critique about the legal classification of the conduct (regard to terrorist Intent) and a proposal for penal alternatives in the ‘Epa Colombia’ case. Comments on the sentence by the Colombian Supreme Court (SP022-2025)

2025-06-26T10:15:56-05:00

The crime of illicit sale of alcoholic beverages in the criminal legislation of Puebla, Mexico

2025-01-21T18:03:05-05:00

The present work undertakes a dogmatic study of the criminal offences in Articles 199 sexies, 199 septies, and 199 octies of the Penal Code of the Free and Sovereign State of Puebla, Mexico. These provisions aim to define criminal conduct related to selling, distributing and supplying alcoholic beverages without the corresponding permits and outside the legally established hours. Also, the law sanctions public officials who authorize permits that violate the administrative regulations on the matter. Likewise, it punishes the concealment or favoring of such conduct, the sale of said ethyl substances to minors, and the sale of adulterated beverages. Such a criminal list warrants an analysis based on the study of the protected legal interest and its typical behavioral modalities, analyzing both its strengths and weaknesses. This is done alongside the study of the legislative design of the varying degrees of punishment for each offense.

Penal Institutionalism

2024-12-03T08:35:02-05:00

This paper presents a theoretical tool for analysing penal changes using the relations between state building, civilizing narratives and penal practices. The paper suggests the concept of penal institutionalism outlined from data collected in a case study about Colombian penal practices. The concept helps understanding and tracking penal narratives and its influence on penal practices. The penal institutionalism consists in a wide range of dynamic narratives and actors conditioned by historical forms of dominance, that supposed that State weakness may explain why certain States fail in governing security. Such narratives legitimize violence as the primary strategy for building security. In order to do so, penal institutionalism use civilizing narratives comparing Global North and South to highlight the inadequacy of State institutions in the South. The comparison simplifies social problems to defend that strengthening the Penal State is the best way to guarantee security in the Global South.

La pornografía "deepfake": retos legales y necesidad de intervención

2024-08-20T10:36:01-05:00

Deepfake pornography, a form of digital manipulation that involves superimposing the faces of real people onto naked bodies, represents a serious threat to individual privacy and dignity because of the growing availability of artificial intelligence-based tools that has facilitated the rapid and massive creation of this type of content. This research addresses the question of whether there is an adequate regulatory framework to condemn the non-consensual dissemination of such pornography in Colombia. Furthermore, it proposes the creation of a new criminal offense, the characteristics of which are analyzed in light of studies and doctrinal categories. Additionally, it discusses whether the companies providing the creation software or their legal representatives should be prosecuted by the punitive system in such cases.

The intervener in Colombia.

2024-10-23T07:51:51-05:00

The objective of this paper is to determine what should be the scope, configuration and limits of the figure of the intervener enshrined in the fourth paragraph of Article 30 of the Colombian Criminal Code, taking into account that the current interpretation of the Supreme Court of Justice has been the subject of innumerable criticisms by national and foreign doctrine. During the development of this article, premises will be established from which it will be concluded that there is an undeniable need to reinterpret this figure to adapt it to the theoretical and constitutional postulates that govern the distinction between perpetrators and participants in our legal system. Once this has been done, a renewed interpretation capable of overcoming all the problems will be proposed.

The interlocutory procedure for comprehensive redress of law 906 of 2004: a new category of tort?

2024-08-30T13:39:01-05:00

The interlocutory procedure for comprehensive redress is a legal mechanism that forces Criminal Judges, upon request by the victims, the Prosecutor’s Office, or the Public Ministry, to rule on claims of civil liability. The existing texts on the subject focus on explaining how Criminal Judges should adjudicate these cases, following the guidelines of the Civil Chamber of the Supreme Court of Justice and the Council of State. However, this study questions and investigates whether the Criminal Chamber of the Supreme Court indeed provides solutions similar to those of the Civil Chamber, or if, on the contrary, it has created a parallel regime of liability, and when such a regime may be beneficial or detrimental to the victims and offenders.

Vicios del consentimiento y aceptación de cargos en el sistema de la Ley 906 de 2004

2024-11-12T11:27:47-05:00

This paper will analyze the mainstream interpretations in the judicial decisions of the Colombian Constitutional Court and the Criminal Section of the Supreme Court of Justice about the defect of consent in the mechanism of early termination by accepting the charges of the Act 906 of 2004. The main objective is to use the critical dogmatics of the criminal procedure to evaluate these judicial interpretations and the extent of protection or the neglecting of the constitutional guarantees of the due process and the right of not to incriminate.

What Are Corporations Accused Of?

2025-03-22T14:41:56-05:00

The substantive grounds for corporate criminal liability shape the very scope of what can be criminally charged. On one view, liability is based on the absence or ineffectiveness of a compliance program; on another, it depends strictly on the commission of offences as set out in Article 31 bis (1) and (2) of the Spanish Criminal Code. That underlying conception will, in turn, determine how the nemo tenetur principle—the right against self-incrimination—is handled in criminal proceedings.

This study explores the foundations of corporate criminal liability by critically reviewing the leading theoretical approaches to Article 31 bis. It then evaluates the practical implications of extending nemo tenetur as a procedural right to corporations, seeking to strike the necessary balance between effective criminal enforcement and the fundamental rights of corporations.

Editorial

2025-06-20T12:00:41-05:00

Confessions of a Latin American Criminal Judge to a French Philosophy Journal

2025-06-26T11:34:14-05:00

Language and Criminal Law: An Interview with Professor Dr. Dr. h.c. mult. Urs Kindhäuser

2025-06-26T10:38:24-05:00