T-448/18
The reduction of the sentence or pre-agreements in sexual crimes against children is not applicable
The Constitutional Court studied a case in which an 8-year-old girl was the victim of a crime of sexual violence. The Fiscalía formulated the accusation for the crime of sexual intercourse in an aggravated minor of 14 years, however, afterwards, it made a preliminary agreement with the defendant, which led to the change of the crime to sexual harassment and, consequently, to the reduction of sentence. In the review of this matter, the Court found that this action is contrary to Article 199.7 of Law 1098 of 2006 (Code of Childhood and Adolescence), which prohibits lowering the penalty for the performance of pre-agreements provided for in articles 348 to 351 of Law 906 of 2004, when the victims are minors and adolescence.
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