Basis and limits of the prohibition of double jeopardy article 8 of the criminal code
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Keywords
Non bis in idem, Double jeopardy, General principles of criminal law
Abstract
The article 8 of colombian Penal Code establishes the prohibition of double jeopardy as a concretion in criminal matters of the fundamental right to non bis in idem esatblished in article 29 of the Political Constitution. According to the latter, all those sanctions in which there is identity in the subjects, the facts and the foundation are forbidden. However, it seems that there is no clarity regarding the basis of this prohibition or the meaning of the indentities enunciated. As a result, it is not clear the way the rule operates in diverse scenarios, such as the concurrence of sanctions from different sectors of the law, the repeated sanction of the same element of criminal conduct, and the exception regarding international law. Faced with this panorama, an analysis of each one of the mentioned problems is presented, and a series of interpretative proposals in order to clarify them
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Juan Oberto Sotomayor Acosta
Eafit University
Mariana Toro Taborda
Eafit University
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