This research deals with the repatriation of convicted persons abroad, especially Colombian nationals, as a fundamental subjective right, when the criminal act for which the accusation, indictment and conviction occurred, falls within the crimes of Law 599 of 2000; article 340 - conspiracy to commit a crime; article 365 - manufacture, trafficking, carrying or possession of firearms, accessories, parts or ammunition; article 376. - trafficking, manufacture or carrying of narcotics. For this transformation of the benefit into a subjective fundamental right, it is required the combination of the typology of the crime with some of the variables such as: the right to life; family unity; lack of guarantees and means for access to information on the family nucleus; ineffective follow-up of the due process; human dignity.