Nuevo Foro Penal

Editorial

Nuevo Foro Penal — 2025-12-15

The (in)admissibility between attempt and dolus eventualis: A commentary on Decision SP520-2023 by the Supreme Court of Justice

Pablo Gómez Arévalo — 2025-12-15

A punishment reduction based on the labor reform? Comments on the sentence by the Colombian Supreme Court (STP14521-2025)

Norberto Hernández-Jiménez — 2025-12-15

Theory and Praxis of Self-Defense

Hernán Darío Orozco López — 2025-12-15

In memoriam Juan Fernández Carrasquilla

Diego Araque Moreno — 2025-12-15

Influence of social stigmas on the reintegration of post-penitentiary inmates in Colombia between 2004 and 2024:

Manuel Gomez — 2025-12-15

This study analyzes how social stigmas influence the reintegration of former prisoners in Colombia, based on scientific literature published between 2004 and 2024. A review of 27 scientific and academic documents was conducted, structured into an initial historical overview, evaluation of current trends, critical analysis of findings, and identification of research gaps. Results indicate that social stigmas significantly hinder normative reintegration objectives. Although existing legislation promotes rehabilitation, in practice these stigmas create barriers that limit successful community reentry. Such prejudices affect not only public perceptions of former prisoners but also their effective capacity for social reintegration.

Good Faith Without Fault and the Third-Party Opposition Proceeding to the Precautionary Measure in the Justice and Peace Law

Nicolas Buelvas Mendoza — 2025-12-15

This article examines the special asset forfeiture regime established by Law 1592 of 2012 within the Justice and Peace Law (Law 975 of 2005), with particular emphasis on the concept of “good faith exempt from fault” and its demonstration through the so-called third-party opposition proceeding. It analyzes the requirements for establishing “qualified good faith,” understood as the level of diligence and prudence exceeding the ordinary standard when acquiring assets subject to forfeiture measures. From a constitutional perspective, the study explores both the objective and subjective components of this standard, as well as the impact of Judgment SU-424 of 2021 on the consolidation and evolution of its conceptual framework. The discussion also highlights the centrality of due process within the opposition proceeding under Article 17C of Law 975 of 2005, focusing on its objectives, scope, and evidentiary requirements, which are designed to ensure meaningful participation by third parties and the protection of their rights. Finally, the article underscores the importance of integrating conventionality control into judicial practice, in line with Judgment C-146 of 2021 and Article 93 of the Political Constitution, consistent with the guarantees established in Article 8 of the American Convention on Human Rights. The article concludes that the effectiveness of the opposition proceeding and the protection of third-party rights depend on the parties’ ability to demonstrate qualified good faith, in accordance with prevailing constitutional, jurisprudential, and international human rights doctrine.

Formal imputation hearing: A prosecutorial act regulated and subject to judicial oversight by the guarantee judge

Santiago Yepes — 2025-12-15

This article examines the formulation of charges (“indictment” in U.S. criminal procedure) in Colombian criminal procedure as a prosecutorial act that, despite being classified as a party-led action, is subject to judicial supervision. Through doctrinal, jurisprudential, and comparative analysis, the paper argues that the formulation of charges must meet formal and substantive standards to ensure it is clear, precise, and non-arbitrary. Its communicative nature, impact on fundamental rights, and foundational role in the criminal process demand that it be reviewed by the judge of preliminary control. The article traces the evolution of Colombian jurisprudence from rigid deference to prosecutorial discretion to a more rights-oriented approach that even allows for the annulment of defective charges. Grounded in legal theory, the article argues that an incomprehensible charge undermines due process. A methodological proposal is offered for defense attorneys to challenge deficient acts, reaffirming that judicial control strengthens—rather than undermines—the accusatory model.

Essential aspects of criminal compliance in Spain and Mexico

Xavier Nájera González — 2025-12-15

This article addresses various aspects of criminal law compliance. It begins with a definition of the concept. It then addresses the importance of preventing crimes through criminal law compliance and the role of the compliance officer in this process. It then explains the various regulatory frameworks that have emerged worldwide, including different standards and requirements to make this task more reliable for legal entities.

Crimes motivated by prejudice toward sexual orientation, gender identity, or non-normative gender expression, and the “more or less broad control” of the indictment or accusation according to ruling SU-360 of 2024

Bernardo Esteban Arenas Blanco — 2025-12-15

This article makes a critical analysis of Ruling SU-360 of 2024 issued by the Constitutional Court of Colombia, which orders judicial operators to carry out a more or less broad control of the indictment or accusation on issues such as criminality, legality or violation of due process. Therefore, in order to guarantee the rights to truth, justice and reparation of the victims of crimes motivated by their sexual orientation, gender identity or gender expression, judges must accept this judicial imperative to protect LGBTIQ+ persons when the indictment and/or accusation proceedings show an erroneous delimitation of the legally relevant facts in both their factual and legal aspects that not only revictimizes, but also ignores the violence due to prejudice suffered by the sexually non-normative population

In search of a reformulation of legally protected interest in the context of an emerging drug policy

Juan Carlos Cantillo Arcón — 2025-12-15

This article examines the shift in Colombia’s criminal paradigm on drug use from a prohibitionist, punitive approach to a harm reduction and public health model. It analyzes national and international jurisprudential developments that recognize the human rights of drug users and vulnerable individuals in the drug production and consumption cycle. The main doctrinal conceptions of the legal interest in public health (sum, conditions, and functional or multi-offense approaches) are reviewed and their criticisms—abstraction, indeterminacy, and political inconvenience—are discussed. Finally, it argues for the need to reinterpret the legal interest underlying the crime of drug trafficking to align it with the new political-legal paradigm, thereby effectively protecting collective health and safeguarding individual rights.

Legal nature and guarantees: where are we headed? A debate on the nature of asset forfeiture and its implications for due process guarantees

Camilo Alfonso Vargas Tamayo — 2025-12-15

This paper addresses the three main postures regarding the nature of forfeiture- criminal, civil o administrative-. It advocates for a different view, namely, this institute constitutes a sui generis category. The discussion also explores how the various theories of the nature of forfeiture influence the interpretation of the due process guarantees. Furthermore, the text examines how the Corte Constitucional, by assigning a different nature to forfeiture, has revalued guarantees such as presumption of innocence, legality and guiltiness.