:quality(85)//cloudfront-us-east-1.images.arcpublishing.com/infobae/O5QZA7AUKVCTPGXGZ5BF6AV7FA.jpg "Up to 8 years in prison and retention of 6% of profits from drug trafficking: some of the controversial submission law proposals 1")
20 pages and 54 articles make up the law Project to bring high-impact criminal groups to justice, which the national government presented to the Superior Council for Criminal Policywaiting for his concept to submit it later to the Congress of the Republic.
The Minister of Justice presented the law of submission: the rules of extradition will not be touched
The initiative, which consists of 54 articles and awaits the concept of the Criminal Policy Council, establishes that members of criminal groups could retain up to 6% of seized assets; the rest will go to SAE
This is a reform of the regulatory framework, established in the Procedure codeproposed by the government to facilitate the dismantling of organizations such as El Clan del Golfo, Oficina de Envigado, Los Shottas and Los Espartanos, among others.
The initiative grants a period of two years so that the members of the criminal gangs submit to justice by signing the individual certificate of subjection and the guarantees of non-repetition, and a one-year extension in the event of an order from the President of the Republic.
Members of criminal groups who submit to the policies of the total peace they would pay sentences ranging from six to eight years. However, those who cannot accept the principle of expediency, the penalty established in the Penal Code will be applied. In addition, a restorative component would be added to the alternative sentence proposed in the bill.
Law of submission: on Monday February 13, the drafting of the project will continue before its submission by the Government
The Minister of Justice, Néstor Osuna, will lead with President Gustavo Petro the act of deposit before Congress which aims to disarm and prosecute local and national criminal structures, such as the Clan del Golfo or Los Pachenca
These benefits can also be applied to members of criminal gangs who are currently detained, so both convictions and prosecutions against them prior to their filing will be covered by the measure.
In the same way, the bill defines which structures may be subject to the policy of Total Peace. “That these are criminal organizations made up of a plural number of people. Whether they are organized in a hierarchical structure and/or in a network. That they engage in the permanent or continuous execution of punishable conduct, among which we can find those that are characterized in the Convention of Palermo. That they are framed by criminal schemes that include the violent subjugation of the civilian population of the rural and urban territories in which they operate. Who perform functions in one or more illicit economies”.
The text also mentions the commitments that these structures must respect in order to receive the benefits: “to express the collective intention to contribute to the effective realization of the rights of victims to truth, justice, reparation and non-repetition (…) the surrender of arms; delivery of hostages; delivery of recruited minors; delivery of stocks of goods and assets linked to the illegal activity of the structure”.
Law of submission: once the presidential examination has been passed, it will be submitted to the Congress of the Republic
The project is fundamental in the execution of the so-called “total peace” of President Gustavo Petro
He Ministry of JusticeThe Office of the Attorney General of the Nation and the High Commissioner for Peace will be the bodies responsible for verifying compliance with these commitments.
The causes for which members of criminal gangs lose their advantages are “taking back their weapons, committing new intentional crimes; non-compliance with the contribution obligations established in article 11 of this law; having repeatedly and unjustifiably failed to participate in restorative justice and reintegration programs”. In addition, if a “cast” is detected, it and the entire criminal structure will lose their advantages.
On the other hand, the project opens up the possibility for beneficiaries to follow a 6% goods delivered. For this, at any stage of the trial, and before the collective imputation of all the members of the criminal groups, they must identify and deliver in an inventory all the goods and buildings, which are also monetizable or have the capacity to restore victims.
The property which is the subject of the service “cannot be the subject of an action for confiscation or sequestration after the final judgment, unless it is demonstrated that the beneficiary has violated the commitments contained in the act of subjection to justice”, specifies the project.
With the start of the talks stage, criminal groups will be able to carry out symbolic reparation activities for the victims and the affected territories that must be agreed with them. The Ministry of Justice and Law and the Office of the High Commissioner for Peace, in coordination with the Office of the Ombudsman, will teach this.