[Politics] Step by step: this would be the submission of bands, according to the draft of the project

[-𝓣𝓐𝓚𝓘]

The draft of the project for the submission of criminal gangs has three central axes of criminal policy to be able to present its members, in the same place and collectively, as revealed by EL TIEMPO.

(Read: Community prisons: draft proposal to seek peace with gangs).

This newspaper learned of the central basis of the document, which is part of a general framework of 'total peace' proposed by the Government, which makes use of elements that already exist, such as the search for charges, restorative justice, and introduces new elements such as the Ombudsman's Office being able to represent the victims collectively.

(It may interest you: Total peace 'is not lowering your guard against crime', Ministry of Defense).

Adjustment to the Penal Code: the highest penalties change and the community prison is created

The draft says that the judicial congestion in criminal matters is worrying and that the deprivation of liberty "whether preventively or because of a penalty, has become incompatible with human dignity" given the prison crisis.

Therefore, the following changes are proposed. First, of the Penal Code, to correct “defects” that exist due to several reforms that have progressively increased penalties, according to the document.

(Read: "One thing is politically oriented groups and another is criminal groups": Cabello)

“The normative arrangement, which goes through several articles, guarantees the adequacy of the maximum penalties to the current constitutional standards. The maximum penalty for competition will be 50 years and the maximum for criminal types will be 40 years, ”says the draft, which does not specify which crimes it refers to. It should be remembered that today the Penal Code contemplates sentences in some cases of up to 60 years.

The initiative also expands the penal surrogates that exist today, creating three more: the community prison, the measure of deprivation of community liberty and the special execution of the sentence.

The first two imply that the person will be detained in the place of settlement or in which a judge determines, while the last will apply to people sentenced to a sentence of maximum 4 years so that they can comply with the special restoration and reintegration program in temporary or permanent settlement centers.

"The community prison will allow the prisoner to carry out community activities aimed at guaranteeing the repair of the damage caused by the crime and that will facilitate his process of social reintegration," says the document.

(Read: 'Iván Mordisco' reappears announcing disposition to ceasefire)

The initiative proposes that these centers be located in the territories affected by the violence exerted by the structure and that they have spaces at the service of the community, such as ranches, library, sports centers, community gardens, educational and health centers. And he points out that "the confinement establishments will be decongested and the execution of sentences will be humanized."

In addition, it is proposed to maintain the exclusion from these mechanisms for those who have reoffended in intentional crimes within the previous five years, provided that they have not been committed in a situation of marginality. And the exclusion will be maintained for those convicted of heinous crimes and other serious human rights violations.

Judicial benefits and changes in criminal procedure
As a second axis, the initiative seeks a series of reforms to the Code of Criminal Procedure to strengthen the mechanisms of collaboration with the justice system.

Formulas for collaboration benefits are proposed "that are designed for the imputation and punishment of high-impact criminal structures, including restorative components that guarantee the rights of victims."

Thus, says the draft, any sentence resulting from a mechanism of collaboration with justice could include restorative components.

(Read: 'Iván Márquez' is still in a military hospital in Caracas: he has brain trauma)

The document incorporates an ordinary criminal procedure for the effective prosecution of high-impact organized crime structures, those criminal structures that have sufficient capacity to subdue po[CENSORED]tions and destabilize territories in Colombia, which aims to contribute to prevention and punishment. of organized crime; facilitate their persecution, investigation and prosecution, and guarantee the rights of the victims.

This would be the procedure
The dialogue phase
In the first place, there will be a phase of dialogue that begins with the voluntary manifestation of these organized crime structures to present themselves to the judiciary.

“The group and the national government, based on what was agreed, will sign a final act of dialogue. Subsequently, each member of the criminal structure will sign an act of presentation and individual commitment. These two minutes will be transferred to the Office of the Attorney General of the Nation and all members of the criminal structures will be transferred to the temporary location areas (which were contemplated in the public order law and which are not jails)”, says the draft.

(Read: In sausages they found 28 kilos of marijuana that were going to San Andrés)

Imputation stage and assurance measure
Then, there is the judicial stage of imputation by structure and imposition of a deprivation of liberty measure. Here, it is provided that the delegated prosecutor will present at the hearing the document formulating charges by structure, which will contain the specifics of the criminal structure, its members, the criminal patterns and the acts committed, and then request the arrest.

“The individual acts of reception to justice will be sufficient evidentiary support for its imposition. The deprivation of liberty measures will be in the temporary location areas”, says the document that specifies that the breach of the imposed obligations inherent to the security measure causes the substitution of the deprivation of liberty measure of those areas to a prison.

(Read: Emcali: Attorney asks to suspend execution of questioned contract)

Acceptance of charges and delivery of goods: those involved may keep 10 percent

https://www.eltiempo.com/justicia/conflicto-y-narcotrafico/bandas-criminales-en-colombia-claves-del-borrador-de-sometimiento-704693