Errores de la fiscalía general de la nación en la imputación del delito de abuso sexual en menor de edad

Abstract

The recent acts of sexual violence against infants in Colombia have impacted the public opinion because agents in active service of the Colombian National Army and other actors with positions of authority such as priests and others have been involved in these crimes, which has propitiated pronouncements by the President of the Republic about modifying the constitution and the law to toughen the sentence against this type of crime. Due to the above, this article seeks to review some of the punative actions of the Office of the Attorney General of the Nation about charges of sexual abuse of infants, in a social state of law and guaranteed state such Colombia. For this purpose, various actions of the accusing entity are reviewed from the constitutional and penal view, taking into account and weighing the prevailing rights of infants in the Political Constitution of Colombia and the effectiveness of the Office of the Attorney General of the Nation in its management as accusing establishment and of essential relevance within the penal system. The article analyzes the imputation and the important consequences of this in relation of the protection of the rights of the infants, the society and the fulfillment of the superior objective of our constitution and concordant norms.