EL TIEMPO learned part of the draft prepared by the President’s National Government Gustavo Petro to launch your bill with which you seek a total peace in the country and, incidentally, welcome the criminal gangs.
The initiative that will be presented in the Legislative touches on important aspects such as the community prisons as a pillar of restorative justice sought by the Government. Likewise, we want to make use of procedural institutions such as the consensual acceptance of charges, and the written formulation of the imputation.
In general, the initiative seeks to modify the Law 906 of 2004, adding some paragraphs and subtracting some others. For example, in one of the sections it is read that in terms of the written formulation of the accusation, this appears as an act of communication between the Prosecutor’s Office, the accused and the victims.
Also, in the draft great importance is given to the Ombudsmansince it could act as the representative of victims.
In the bus of total peace that the head of state wants, they have shown the intention of getting on the dissidents of the Second Marquetalia, as well as gangs operating in Antioquia. In fact, the latter sent a letter to Petro declaring their desire to submit.
The proposals contained in this entire bill were prepared with the contribution of the legal team of the High Commissioner for Peaceand external advisors such as criminal lawyer Mauricio Pava.
Together they handed the draft to Roy BarrerasPresident of Congress, who through his Twitter account thanked them for sending him the draft submission to justice for criminal gangs.
(We also suggest: These are the challenges to achieve the ‘total peace’ proposed by Petro)
Other details that the articulated proposal has is that persecution and prosecution of criminal structures of high impact, “through a procedure that enables their presentation to justice in the same place and in a collective manner”.
In NYC I talked with @MPaDerechoPenal on issues of peace and restorative justice. She is advising the office of the High Commissioner in the construction of dialogues with each of the organizations and actors in the conflict. pic.twitter.com/34YDkSipJI
– Laura Sarabia (@laurisarabia) September 22, 2022
The draft keys
In the initiative that seeks not only to modify Law 906 of 2004, but also Law 599 of 2000 and Law 65 of 1993, it is read that “the restorative principle of the sentence both in its purpose and execution, which has been in default in our legal system, so that the community observes that whoever has been the executioner of the population necessarily has to undertake restoration acts of the social fabric; and allows the perpetrator to free himself from the stigma in order to be reinserted into the community”.
In the same way, “we turn to the normative experiences that our nation has gone through in the mafia presentation and criminal gangs to justice at different times and opportunities, using institutions of domain extinction, to resolve the challenges of the criminal assets obtained by these organizations”.
The project also seeks to sponsor a effective punitive powerefficient and not apparent, giving tools to the Office of the Attorney General of the Nation so that it can make use of various procedural paths when promoting accusations against criminal structures that do not come to justice.
A Twitter: @JusticiaET