Posición de garante de los miembros de la Fuerza Pública

As we wrote down it in the preliminary questions of the final report of the this work "In the media of Colombia continuous information's related with the occurrence appear of having made of violence in our country that mainly affect the civil population for the action of groups to the margin of the... Deskribapen osoa

Egile nagusia: Vargas García, Jaime
Formatua: Artikulua
Hizkuntza: Gaztelania
Argitaratua: Universidad Militar Nueva Granada 2006
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Laburpena: As we wrote down it in the preliminary questions of the final report of the this work "In the media of Colombia continuous information's related with the occurrence appear of having made of violence in our country that mainly affect the civil population for the action of groups to the margin of the law, for which one comes attributing responsibility to the State and penal and disciplinary consequences for commission for omission against members of the Public Force." Everything leaves of "guarantor's position" of the Military Forces in connection with the national defense and of the Police about the national security that he/she forces all their members to protect the life and the other fundamental rights related with this of all the residents in Colombia. In fact the article 25 of the Law 522 of 1999 take charge of regulating guarantor's position in Colombia and the topic acquires bigger importance when it is to judge behaviors of members of the Public Force because the imputation of the omission in fact originates in the delimitation of the environments of competition of these institutions.However, the experience of the armed conflict indicates us that they don't exist opposite perfectly defined between the defense functions and national security and in the case of the same inappropriate omission and guarantor's position is divergent doctrinal positions that you/they don't offer any security to the matter and that they hinder the application of this figure just as we point out him along the work and as important national authors and foreigners they highlight them. All the above-mentioned comes affecting the development of the penal causes and to they sink it particularly the deficiencies of the judicial system of Colombia the national and international question of the military penal jurisdiction and the sanctions adopted by the Inter-American Court of Human rights against the Colombian State. Likewise, the "relationship concept with the service" of the article we find 221 of the Political letter that it deserves a particular analysis for that in the analyses that you/they carried out inside the investigation work these they indicate us that its behavior in the inappropriate omission is whereas different to that of the action the "service that he/she lends the Public Force" it is in turn the base and the foundation of guarantor's position and in consequence, the central axis of the penal and disciplinary imputation. The work was guided to demonstrate the current state of the question for this reason we find opportune to give to know the IV chapter related with the "guarantor position" with the idea of beginning the academic discussion that deserves this artificial figure.