EL estado de necesidad como causal de ausencia de responsabilidad en el delito de fuga de presos: una revisión desde la normativa colombiana

In this article, the state of justifying necessity is studied as a cause of absence of responsibility applicable to the events of prison evasions from the perspective of criminal law as a unitary science. For this, the implications of the "effective and correct administration of justice" as a legal right protected within a social and democratic State of law are analyzed, especially when the penitentiary context imposes unjust dangers to the rights of prisoners. A detailed study of the requirements of the state of necessity as a cause of absence of responsibility allows expanding its operation far beyond the cases traditionally treated by Colombian criminal doctrine.