La viabilidad jurídica de la aplicación de subrogados penales en el tipo penal de violencia contra servidores públicos.

Abstract

The purpose of this reflection article is to establish the legal viability of the criminal surrogates’ application in the criminal category of Violence against Public Servants in the Colombian Legal System. Currently, the criminal type of violence against a public servant, due to the legal prohibition contained in article 68 of the Colombian Penal Code, does not allow the application of criminal surrogates. However, some judicial operators of the Superior Courts of the Judicial District decided to turn away from this legal restriction. They considered that the crime of Violence against a Public Servant is not included in this prohibition. This paper exposes, in the first place, criminal type normative evolution of violence against public servants in Colombia. Secondly, this article describes the crime of violence against public servants’ legal implications in terms of criminal surrogates are described. Finally, the paper analysis Superior Courts of the Judicial District jurisprudence regarding the of criminal surrogates’ application, in the crime of Violence against a Public Servant, is carried out.