11/12/23, 14:32 Final evaluation - Scenario 8: SECOND BLOCK - THEORETICAL - VIRTUAL / SPECIAL PENALTY - [GROUP B01]

© Correct answers will be available from Dec 12 at 11:55 PM to Dec 13 at 11:55 PM.

Score for this attempt: 112.5 out of 125

Delivered on Dec 11 at 14:32
This attempt lasted 14 minutes.

Question 1 12.5 / 12.5 pts

There are different types of conduct condemned by criminal code that have to do
with the restriction or deprivation of a person's freedom. However, not all
modalities are related to each other. For this reason, the legislator has chosen to
subdivide these different modalities into different chapters that are all included
within the title of “Crimes against individual freedom and other guarantees”.
Within the chapter on “arbitrary detention,” which in turn forms part of the title of
crimes against individual liberty and other guarantees, all of these types of
conduct are presented, individually classified, except for one. Select the conduct
that is not part of the modalities of arbitrary detention.

“Special arbitrary detention”

© “Simple kidnapping”

“Unlawful extension of deprivation of liberty”

“Ignorance of habeas corpus”

Question 2 12.5 / 12.5 pts

Many crimes against the family involve the violation of the rights of children and
adolescents. These crimes include “arbitrary exercise of custody of a minor
child,” which involves the act of snatching, removing, retaining or hiding the child.
The crime of “kidnapping” and that of “arbitrary exercise of custody of a minor
child” have identical governing verbs. Among the changes introduced by the
criminal law, it is required that in the case of “arbitrary exercise of custody of a
minor child” a subjective ingredient is present.
Select which of the following subjective ingredients listed below is actually
included in the standard:

•
Depriving the other parent of the right to custody and personal care of the minor.

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To promote a request for alimony from the other parent and in favor of the minor child.

Generate suffering and moral pain to the other parent.

Force the deprivation of parental authority by the other parent.

Question 3 12.5 / 12.5 pts

A latent problem in our country is corruption. Currently, Colombia has been rated
with 39 points out of 100 in the corruption perception index, with 0 being a very
high degree of corruption and 100 a State without corruption. Through the
exercise of public office, different behaviors have occurred that threaten public
administration, where the conduct is committed by subjects with defined functional
duties in favor of the State.
Police Chief Gorgori shows up at the Springfield County Fair, specifically at Mr.
Homer Simpson's booth. There, Gorgori tells him that his business seems more
like a trap for consumers than a recreational activity, for which reason he tells him
that he will have to close the stand, however, he tells the shopkeeper that: "If
friend Billetín comes to me, I will leave here," so Mr. Simpson decides to give 1
million pesos to the officer.
Marge Simpson, Mr. Simpson's wife, finds out about the situation and decides to
report it to the police chief. She comes to his office to get advice beforehand. For
what crime should the complaint be filed?

Prevarication by omission

Own bribery

© Concussion

Embezzlement by appropriation

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Incorrect Question 4 0 / 12.5 pts

In contemporary society, advances in technology have also allowed for the

evolution of the risks we face as a society. Today, smartphones, social media,
and editing software have allowed people to sell a constructed reality that may
or may not be in line with reality. These same tools have begun to constitute
elements of constant use for the commission of punishable conduct, especially
when seeking to mislead victims and take advantage of them.
In the city of Titan, at the El Infinito Jewelry Store, the Count of Monte Cristo
appears before the shopkeeper, having arrived at the place in a Rolls-Royce
Boat Tail caravan. Once there, the Count – accompanied by his entourage –
asks about the most expensive and exclusive jewels in the place. The jeweler
shows the Count the crown jewels, which he looks at with pleasure. The Count
shows the shopkeeper photos of himself in the company of several celebrities
and a social media account with more than 100 million followers. Finally, the
Count convinces the jeweler to lend him the jewels, claiming that he would wear
them at an exclusive party and thus promote Joyería El Infinito in the most
exclusive circle of the country. The Count leaves with the jewels, but never
returns them. You are the prosecutor who has been assigned to study the
jeweler's complaint and in this regard you decide:

To charge the Count with the crime of fraud, due to the exaggerated plot of deception
in which he involved the victim in order to obtain the jewels.

The criminal action should be dropped, since the conduct is atypical, due to the lack of
capacity of deception to mislead the jeweler.

The criminal action must be waived because the delivery of the merchandise was
voluntary and therefore does not constitute any punishable action.

©
To charge the Count with the crime of breach of trust, because the jeweler confidently
handed over the goods to the Count and the latter appropriated them.

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11/12/23, 14:32 Final evaluation - Scenario 8: SECOND BLOCK - THEORETICAL - VIRTUAL / SPECIAL PENALTY - [GROUP B01]

Ask 5 12.5 / 12.5 pts

Usury consists of charging interest for a value higher than that established by
law, which is certified by the Financial Superintendence. The crime of usury
seeks to protect the debtor from abusive interest by the person who granted the
financial loan.
Currently, hate speech against historically discriminated groups that promotes
acts that may affect their physical or moral integrity is classified as criminal. The
criminal type that typifies the conduct just described is:

© Harassment

Discrimination

The conduct is atypical, since what is stated in the statement is not prohibited.

Genocide

Question 6 12.5 / 12.5 pts

Crimes against the financial system in Colombia have occurred since the middle
of the last century. The aim of classifying the conduct that violates this legal
right is to maintain the stability and credibility of the State's financial system.
Crimes such as the misuse of funds collected from the public, the fraudulent
manipulation of securities registered in the National Registry of Securities and
Intermediaries and the massive and habitual collection of money are intended to
preserve the credibility of citizens in the financial scheme designed by the State.
The crime of mass and habitual money collection is one of the most complex
types of crimes that seek to preserve the financial system. Next, select the
statement that corresponds to one of the characteristics of the target criminal
type.

®
In order for the crime of mass and habitual money collection to be committed, it is
necessary that the person collecting money does not have prior authorization from a
competent authority.

For the crime of mass and habitual collection of money to exist, it is necessary that the
conduct be carried out against more than three people.

For the crime of mass and habitual collection of money to be established, more than
one billion pesos in obligations (debts) must be collected.

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The conduct of the person collecting money is required to be carried out on a daily
basis for a period of time exceeding one year.

Question 7 12.5 / 12.5 pts

With the abundance of pornographic material currently circulating, the

Colombian legislator has been attentive to prohibiting many acts of what can be
generically understood as "pornography" through the criminal type of
Pornography with persons under 18 years of age, classified by article 218 of the
Penal Code. The criminal type has changed to adapt to current legal
terminology, as well as to practices that arise in the information age.
According to Professor Fulano, the crime of pornography with a minor under 18
years of age only punishes sexual acts committed by a person with a minor
under 18 years of age, provided that the perpetrator has actively participated in
the staging, practice or recording of the sexual act carried out by the minor.
Given what Professor Fulano has stated, you know that this position is not
correct because: (Indicate the only answer that is completely correct).

Whenever sexual conduct corresponds to an act of an explicit sexual nature, a criminal

offense corresponding to the chapter on abusive sexual conduct with a minor under 14
years of age must necessarily be applied.

It is required that the documented activity contains an explicit sexual act, although it is
not necessary for the person to participate in its recording, but it is sufficient that they
participate in an act of disclosure or use of that material.
®
The person is not required to necessarily participate in the sexual act, and the material
must not contain explicit sexual conduct, since it is enough that it depicts sexual
conduct for the conduct to be punishable.

The person is not required to engage in the sexual act, although the material must
necessarily contain explicit sexual activity for the conduct to be punishable.

Question 8 12.5 / 12.5 pts

Usury consists of charging interest for a value higher than that established by
law, which is certified by the Financial Superintendence. The crime of usury
seeks to protect the debtor from abusive interest by the person who granted the
financial loan.

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11/12/23, 14:32 Final evaluation - Scenario 8: SECOND BLOCK - THEORETICAL - VIRTUAL / SPECIAL PENALTY - [GROUP B01]

Choose the statement that does not correspond to one of the characteristics of
the crime of usury, based on the analysis of the objective type:

The conduct must necessarily be committed by someone who carries out a commercial
activity related to money lending (loan agreement) or installment sales.

©
The conduct must necessarily be committed by a person who is engaged in lending
outside of a commercial establishment dedicated to financial intermediation authorized
by law.

The interest charge must be for an amount equal to or greater than one and a half times
the equivalent of the current bank interest (IBC).

This is a blank criminal type since, in order to establish what usury is, a reference to
financial regulations is required.
Among the crimes that threaten life and personal integrity, the crime of femicide
is one of the most recent and most complex, as it seeks to give special value to
cases of women's deaths due to circumstances that, according to the legislator,
make them especially serious in comparison with an ordinary homicide. The law
contemplates several circumstances that may classify femicide.
In a Colombian city, the body of a trans woman was found. In addition to having
been brutally murdered, her genitals were mutilated. When the case came to
the attention of the police, it was treated as simple homicide. The forensic
autopsy report refers to the cruelty with which the injuries to the body were
caused, which is why it refers to aggravated homicide. The victim's relatives
filed a criminal complaint, considering that the crime of femicide applies, given
that the death was perpetrated for gender reasons and with clear associated
sexual violence.
You, as the prosecutor of the case, when the time comes to accuse those
responsible, must specify which criminal type actually applies in this case. In
this case the one who was right was:

The police, given that the assessment of aggravating factors in homicide and femicide
is subjective and not objective. It's a simple homicide.

Victims, since the law establishes the application of the type of femicide to both victims
who are biological women and trans women. However, service is a subjective element
that does not fall within the scope of aggravated homicide. It's a femicide.

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11/12/23, 14:32 Final evaluation - Scenario 8: SECOND BLOCK - THEORETICAL - VIRTUAL / SPECIAL PENALTY - [GROUP B01]

©
Both the criminal types of homicide, aggravated homicide and femicide are applicable.
By principle of specialty, the charge of femicide must be applied since the case involves
a trans woman.

The National Institute of Legal Medicine, since the violence exercised on the victim
clearly demonstrates cruelty, which is an objective element provided for by the Penal
Code. Femicide only applies to biological women and not to trans women. It is an
aggravated homicide.
Breach of trust is a crime that has special ingredients compared to other crimes that appear in
the heading of crimes against economic assets. It is understood that the active subject must
have special conditions that allow him to be charged with the crime of breach of trust and not
another diverse one such as fraud.
Taking into account the above, indicate which of the following options contains a correct
statement and is related to a differentiation between the criminal type of fraud and that of
breach of trust:

The crime of fraud can only be committed against real estate, while the crime of breach of trust can only
be committed against personal property.

In the crime of fraud, the active subject hands over his assets voluntarily; in the crime of breach of trust,
the active subject hands them over under duress.

Breach of trust requires that the active subject gain the trust of the passive subject, while the crime of
fraud requires deception.

®
In the crime of fraud the active subject is undetermined, while in the crime of breach of trust the active
subject is the one who acts as the holder of the property.

Exam score: 112.5 out of 125

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