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The benefits for criminal gangs to submit, according to draft law

Some high points of what will be the law of submission of the current government

The backbone of what will be the law for the dismantling of criminal gangs of the Government of Gustavo Petro is already ready, and only the approval of the president is missing for it to be presented next Tuesday in Congress. Although the document is not known in its entirety, during the last few days details of what the rule could contain, which would have approximately 87 articles, have been known. These are reforms to the Criminal Code, the Penitentiary and Prison Code, the Code of Criminal Procedure and an addition to the chapter on submission to justice that is already in force.

There are key points that are recorded in three documents that are currently known by the president of the Senate, Roy Barreras, the Office of the High Commissioner, led by Danilo Rueda, a group of congressmen and criminal lawyers who have advised the process. For example, the proposal for differential treatment between the leaders of criminal organizations and the low-ranking members; a negotiation on the goods that they acquired as a result of the illegal rents; and the idea that the attorney general and the ombudsman have a leading role during the subjugation.

Read here: Aníbal Gaviria insists on a policy of submission to criminal gangs

A summary of the project known by this newspaper reports that: “Effective collaboration benefits procedures would also allow obtaining the necessary information for the prosecution of other criminal structures that do not appear in court, thus providing valuable information to the judiciary. , in relation to individuals or groups about which there is no information or evidence that will allow their prosecution. In the same way, we go to the normative experiences that our nation has gone through in the presentation of mafias and criminal gangs to justice at different times and opportunities, using institutions of domain extinction, to solve the challenges of criminal assets obtained. by these organizations.

For his part, Senator Iván Cepeda stressed that, although details of what the subjugation law may be have been known, the project is “extensive” and condenses “clearly what will be the meaning and procedure of that possible destructuring of the large organizations. There, visions are contemplated that substantially modify the punitive regime that currently exists in the country. According to the current criminal law, some of the aspects of this acceptance of justice are made more flexible. Prerogatives are granted to guarantee the rights of the victims in matters of truth and reparation together with justice and ways are created so that this dismantling process works”.

What is known about the project

The draft of the project indicates that the leaders of the structures will have a series of benefits once the time of their sentence is over. For example, when they serve at least a quarter of their sentence in a prison, they will have the opportunity to leave the detention center for 72 hours. Later, when they complete 2/5 of their sentence, they can be released from jail for up to 15 days every two months. And, when they have served at least half of their sentence, they may be sent to community prisons.

These detention centers usually have more flexible security and disciplinary measures than a prison center. Only when the leaders are about to serve their sentence will they be sent to those places, which, on many occasions, will have as a location point the place of roots of the condemned. The treatment for the low members of the organization will be different. According to journalist Daniel Coronell, they will spend between four and five years in special reinsertion programs. However, they will be measured by the crimes they have on their record. For example, they may have this type of benefit when they have committed a conspiracy to commit a crime, use of exclusive uniforms of the military forces, illicit use of communication equipment and illegal possession of weapons.

One of the most striking points of the document is the proposal to apply a benefit on the assets that members of these illegal armed groups acquired in the midst of their criminal acts. The text says that, if an early delivery of real estate is made before there is a conviction, its owners could “retain the right of ownership over one or some of the assets whose origin is the consequence of an illicit activity, as long as their value does not exceed 10% of the total assets. In addition, he may become a creditor of up to 10% of the resource obtained from the alienation of the goods delivered.

As for the possible reform of the Penitentiary and Prison Code, the document says that it seeks to decongest prisons throughout the country and, with this, reach a “humanization of punishment.” Regarding the leading role that the attorney general and the ombudsman will play, the draft of the bill says that, once the negotiation process between the government and the gangs ends, the head of the bunker, as an investigative body, will be in charge of the stages of imputation or acquittal, if deemed necessary.

That is to say, in those cases, an accusation or an acquittal will have the approval of the prosecutor Francisco Barbosa. For his part, the ombudsman, Carlos Camargo, will serve as an observer in a criminal proceeding and will have the power to ask the delegated prosecutor to clarify, add or correct the accusations against the subversives when the accusations are not satisfactory. for the victims.

Although the document of 87 articles is not yet known in its entirety, it is one of the flagship plans of the Government of Gustavo Petro to bet on what he called “total peace” during his mandate, which, in his opinion, is no other thing to achieve a dialogue with the different illegal armed actors that exist in the country. The Office of the High Commissioner headed by Danilo Rueda has had some rapprochements with FARC dissidents, and although the type of negotiation with them has not been defined, what is certain is that there is an intention to negotiate on both sides.

Read here: Eln also steps on the accelerator to resume peace talks

The panorama is not different with the ELN. Both officials of the high government and leaders of the guerrilla structure have put the accelerator on him so that, in Havana, Cuba, he begins the peace negotiation. Although this rapprochement was latent between the guerrillas and the government of Juan Manuel Santos, the intention moved away once former president Iván Duque came into office. Now, both Pablo Beltrán and Foreign Minister Álvaro Leyva, Senator Iván Cepeda and Commissioner Danilo Rueda, are advancing at full speed to finalize the beginning of that negotiation that is different from the subjugation and dismantling of criminal gangs.

According to the calculations of the authors of the project, the draft would be one step away from being a firm proposal. As soon as it has the approval of President Petro, the document will go on to be debated in Congress where, of course, a heated debate is brewing on the extent to which benefits can be granted to criminal organizations that have spread terror in the country for years. country, in exchange for laying down their weapons.

To learn more about justice, security and human rights, visit the Judicial section of The viewer.

Source: Elespectador

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