Principles Of Criminal Justice

Principles of Criminal Justice

Introduction

The principle of legal certainty is a certainty of law both in its publication and also in compliance. Everything is ordered by the State as a representation of public power for the regulation of society and this can maintain its relations. The principle of legal certainty makes people guarantee their property, their integrity, their rights will not be violated, the State must give repair of them

The function of the State is obliged to exercise this legal certainty when it is manifested in the political, legal and legislative sphere. A legal situation cannot be modified but only with the procedures already established and previously published. Colombia as a social state of law makes demanding the fundamental rights of people. 

Developing

This is due to this legal security already spoken, since if it is not done, a legal uncertainty is created allowing these laws and norms to be legitimate. Art 29 C.P.C. It shows us as the principle of due process which goes very hand with legal certainty, since this tells us that no one can be judged if not in accordance with the pre -existing law, this shows us that Colombia has as a priority this legal certainty.

Criminal Law Function

This is a set of legal norms related to the budget crime, sentences and security measures are applied as a legal consequence. The function of criminal law allows social regulation in order to obtain the social order.

This regulation is of the individual’s behavior for a peaceful living relationship. From the beginning of time and in history always to maintain a social order. 

To the one who has committed a crime or is lacking in a certain way to another person, it has been isolated from society, it has been deprived of rights or has paid somehow in consequences of what was committed. However, criminal law has evolved, making it legitimate. Now we can see that criminal law is formally built taking into account the following functions:

Preventive function of criminal law

It is done through prohibitive norms, which indicate a prevention, in the sense that it is made known to society that in the case of contravention of these norms they will receive a penalty that, usually consists of the deprivation of liberty. Repressive function of criminal law: it is the exclusive power that the State has to apply penalties to certain persons who have been considered guilty by the Courts of Justice. From which historical legal instruments derive Colombian criminal legislation and what are its main characteristics?

Taking into account the philosophical paradigms referred to? Each modification of the Colombian criminal legal since its separation from the Spanish crown, was adding various models to follow in our criminal law, which were transcendental to reach the point where we are today, such as: for example:

Liberated territories and in 1819 the Congress gathered there, empowered the Liberator so that, based on principles of humanity, mitigate, switch and even forgive the afflictive sentences, even the capital, prior favorable concept of the Judiciary; Likewise, a provisional regulation was issued by establishing the administration of justice and the procedures ultimately. In addition, he recognized the validity of Spanish legislation. Thanks to this, torture and freedom are extinguished, it can only be interrupted if there was the direct and concrete order of a judge or the possibility that the person flee, but sun under reliable suspicions.

• To the inviolability of the address.
• The principle of legality.
• Equality in front of the law.
• Favorability or benignity against the law.
• Dignity.
• The qualification of the crime comes from the criminal law

Casualism

It is human action as a causal phenomenon that produces a result. In this way we understand that the human action that changes the social or external world, we can also add that: it is based from the objective point of view and the first one that is the interior ideation, deliberation and resolution and exterior exteriorization, exteriorization is based on two phases, Preparation and execution.

Finalism

It focuses on all human actions in search of an end, the modification of the action to find the end can change, but the purpose remains the same. In the same way, it includes two stages one: the selection of the objective that you want to do that is in the author’s mind and the second is the implementation of said thought.

Functionalism

Each subject has a certain role in society and this must be carried out in society. It must behave with the basis of the determined role respecting the previously established norms and according to the violation of said allocation, the penalty will be applied or will be attributable to the act that may be harmful to the other individuals.

In Colombia we could say that it is subject to functionalism, because each of us performs a role in society and something is expected of us, the minimum is not harming others, because the rest towards others is indispensable and when we fail to comply Somehow that certain guideline the criminal law comes into action and constitutes an important part to make a reprimand for the act that should not be committed.

conclusion

It is necessary that there is a law infringed for crime to be, the infraction must be carried out freely and voluntarily and with malice, in the crime both physical and moral force concur. The free expression of thought through the press. The latter had a great difficulty, because when someone was defamed by this means, it could not be denounced because it was a conduct that came out of the law and therefore it was something atypical.

These are the bases that until today remain mostly and the instruments for the creation of this law, which served for society to have a behavior of respect for others. Taking into account the philosophical paradigms referred to?