<p>The colombian constitutional court ruled in the sentence C-181 of 2016 on the phenomenon of reoccurrence as an aggravating circumstance of the sentence, with regard to the analysis of the enforceability of an article contained in Law 1453 of 2011 -Law of citizen security- that is decreed for the increase -in double- of the fine penalty in those cases in which the person has been convicted of a willful or pre-intentional crime within the previous ten years. The discussion that addresses the sentence is whether this article is contrary to our constitution, for ignoring the right not to be tried twice for the same act. This controversy, which there is already abundant jurisprudence on it, is approached by the constitutional court through an extensive argument, which leads it to rack-unnecessarily-on virtually all aspects of the theory of crime. So, it is considered that this ruling has deficiencies in form and substance. Therefore, the purpose of this paper is to analyze the sentence, presenting observations on it, related to the errors that this ruling certainly contains, and the way in which it is considered should be treated as a reoccurrence in Colombian criminal law.</p>