Responsibility of the Colombian State for the Omission to Comply with the Resocializing Function of the Penalty

Abstract

With the advent and entry into force of the 
1991 Constitution, the State’s responsibility 
for the Colombian resocialization function of 
punishment was given a different connotation, 
with the goal of providing inmates with 
appropriate treatment and the tools for their 
future social reintegration. However, the 
multiple crimes committed in the community 
and the overcrowding in prisons demonstrate 
that the recidivism rates for punishable offenses are increasing as a direct consequence of the limited protections and the ineffectiveness of social reintegration policies and corruption.
For this research, it is necessary to formulate 
the following legal problem: What is the 
responsibility of the Colombian State for its 
failure to fulfill the resocialization function of punishment? To address this issue, a qualitative, dogmatic legal methodology was 
used, based on a documentary review and 
interviews with inmates to gather information. 
This allowed us to contextualize the conditions 
of the penitentiary system for the applicability 
of these programs, with the goal of establishing the degree of State responsibility in fulfilling the resocialization policy.
Which ultimately leads to the conclusion 
that a rethinking and restructuring of rehabilitation policy is urgently needed, based 
on the social and institutional realities that do 
not allow for the re-education of convicted 
prisoners.