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Revision of the Statutory Law Project number 08 of 2017Senate - 016 of 2017 Chamber, "Statutory of the Administration of Justice in the Special Jurisdiction for Peace ".

 

The referred sentence has 800 pages, and the most relevant topics for this abstract were the following:

 

Sexual offenses against minors

The Court determined that the Congress of the Republic had no jurisdiction to impose new sanctions other than those established in transitory Article 19 of Legislative Act 01 of 2017, for which reason this content was declared unconstitutional.

Extradition

 The Court maintained in essence, the prohibition of extradition to former members of the Farc, for crimes prior to December 1, 2016. In cases in which the JEP finds that new crimes were committed subsequent to the final agreement, these cases will be sent to the ordinary courts, so that they can be investigated and tried in Colombia. This means that the Supreme Court and the National Government will ultimately decide on extradition. The Court indicated that the judges of the JEP will have to define, according to their own jurisprudence, if drug trafficking is a crime of permanent execution.

Participation in politics

 It was found in accordance with the Constitution the regulation made by the legislator, in the sense of establishing that it is incompatible to comply with alternative and ordinary sanctions and, simultaneously, hold positions of popular election. The Court indicated that this type of sanctions have a component of deprivation of liberty and, for that reason, it is not reasonable that while the sentence is served in a detention center, simultaneously, a position of popular election and representation is exercised.

 Inhabilidades  of Magistrates

 The Court declared the inhabilidades imposed on the judges of the JEP are unconstitutional, as well as the additional impediments established in Article 56 of the Code of Criminal Procedure, since the constitutional reform defined what the disqualifications were and did not empower the legislator to extend or establish new causes of disability or impediment.

Obligation of  the Fiscalia

  Court held that the Fiscalía General de la Nación, should prioritize, in ordinary justice, investigations against third parties and agents of the non-combatant State that have not voluntarily submitted to the JEP, in order to provide guarantees to comply with the agreements in favor of the victims.