La función de los antecedentes penales en el sistema penal colombiano: un análisis crítico desde el garantismo

Abstract

The purpose of criminal records as a review or legal mark of an individual in the national territory does not have clear criteria of applicability and destination. A study both historical and practical and a grammatical and jurisprudential analysis show that the primary constituent and the legislator have not bothered to regulate this figure in due form, thus forming interpretative gaps and vague applications. In Colombia, a country with a cultural, ethnic, political and religious plurality marked by a strong line of violence and with a congested judicial system, it is imperative and necessary to have a directive of the so-called criminal records in which their purpose and use are clear, there is a regulation that regulates them in due form and with it socio-legal policies of application are achieved. As a result of the foregoing, a legal problem arises in determining what use is given to criminal records in the context of accusatory criminal proceedings and the guarantees that result from their application? That is why the general objective of this document will be to present a normative and jurisprudential panorama around the figure of criminal records, as well as to develop a theoretical and practical framework from a guaranteed vision, to finally present a series of conclusions that arise to consider what has been proposed.