The benefit of the criminal surrogate of conditional release for the accused, established in paragraph 5 of article 199 of Law 1098 of 2006 and the functions of the penalty in a social and democratic state of law

Abstract

The Constitutional Court has on several occasions raised the surrogate or substitute criminal punishment mechanisms, are measures that can replace a restrictive penalty for a more favorable and have the 'Basis humanization of criminal law and motivation to rehabilitate the offender'. Thus, the existence of these mechanisms means articulated with a criminal policy that seeks a humanizing orientation of criminal sanction, which under the rule of law must be necessary, useful and proportionate in order to contribute to the aims of prevention, compensation and rehabilitation. This means that if the same purposes can be achieved through other figures to be preferred to ensure the absolute dignity of the offender, since the more restrictive would not be necessary and useful. Therefore, the problem question seeks to clarify whether the benefit of surrogate criminal probation for processing established in paragraph 5 of Article 199 of Law 1098 of 2006 fulfills the functions of the sentence in a social state and democratic right as ours, in order to determine the compliance of this criminal subrogated into our legal system; This study is methodologically based on a regulatory, doctrinal and jurisprudential analysis with qualitative approach of basic legal, with which you get as a result the determination of a violation of constitutional rights and guarantees in our legal and penal system.