The court recognized the vulnerability of the older adult and ordered that he comply with the sentence from his home, with health guarantees and under the control of Inpec.
News Colombia.
The Supreme Court of Justice ruled on the case of an 87 -year -old woman who faced a process for not consigning the DIAN to the VATs corresponding to the company that legally represented. Although the High Court held the conviction against him, he determined that he can serve from his home in a domiciliary prison.
The case had been previously studied by a court of Bucaramanga and by the Superior Court of the same city, instances that endorsed the conviction but denied the benefit of staying at home. However, the Court considered that these decisions did not take into account the aged age of the accused, a factor that should be analyzed with a perspective of rights and vulnerability.
In his decision, the high court recalled that the judges have the legal tools to grant house arrest in exceptional situations such as this, and criticized that this responsibility had been transferred to the judge of execution of penalties.
“At 87 years and even leaving aside the diseases that afflict her, forced the ordinary faults (…) to examine these circumstances in the background,” “a very old age – that makes it vulnerable and force special treatment,” the Court warned.
The #Salapenal of the @Cortesupremaj He granted home prison to 87 -year -old woman convicted by omission as a retainer agent, after evidencing violation of procedural guarantees and lack of age approach in previous decisions.
See statement and sentence: https://t.co/wm10MWSV22 pic.twitter.com/vkr9JRMJU– Supreme Court of Justice (@cortesupremaj) SEPTEMBER 30, 2025
The sentence establishes that the woman must sign a commitment and present an economic bond equivalent to a minimum monthly salary to access the benefit. In addition, it orders the Inpec to carry out the review procedures and other administrative procedures in the housing of the convicted and not in a prison establishment.
Another of the points indicated by the Court is the need to ensure that the older adult has access to all medical authorizations that requires during the condemnation.
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