Punitive Populism and Symbolic Criminal Law

Abstract

The growth of the so-called punitive populism and symbolic criminal law in Colombian legislation, the lack of effectiveness in drawing up the State’s criminal policy and the sterility of the results in the reduction of crime are analyzed, with the correlative hardening of penalties and their instrumentalization. The aim is to determine whether there is legal certainty with symbolic criminal law and punitive populism, and whether they respond to the functions of punishment. The method used is descriptive, bibliographic in scope and uses secondary sources of information, selected from reliable databases. After compiling all the information, it is concluded that the implementation of these two concepts does not guarantee a reduction in the crime rate, due to the fact that they are based on legislative irresponsibility, which do not serve to prevent and control crime, but do generate a feeling of tranquility and illusion in the community, and do not respond to the functions of the penalty outlined in the Colombian legal system.

Keywords

• Derecho penal simbólico, funciones de la pena, populismo, punitivo.