Abstract

CALLE MEZA, Melba Luz  and  RODRIGUEZ CASTILLO, Yenifer Yeraldín. Dynamics and tensions between the retributive and restorative purposes of punishment in the Colombian transitional justice model. An analysis from the 2016 Final Peace Agreement. Rev. Crim. [online]. 2022, vol.64, n.2, pp.143-159.  Epub Feb 08, 2023. ISSN 1794-3108.  https://doi.org/10.47741/17943108.360.

On November 24,2016, the Final Agreement for the Termination of the Conflict and the Construction of a Stable and Lasting Peace, was signed in Bogota by the Colombian government and the Farc-EP (Fuerzas Armadas Revolucionarias de Colombia- Ejército del Pueblo) guerrillas. This Final Agreement created a SPJ or Special Peace Jurisdiction (J.E.P.), and a transitional justice system that privileges restoration over traditional retribution. It also established the sanctions that can be imposed on those responsible for crimes committed in the context of the Colombian armed conflict, and which do not necessarily involve prison, which has given rise to an open social and political debate. This paper analyses the traditional conception and the purposes of punishment in criminal law to establish its differences with the sanctions and purposes of Colombian transitional justice. It is concluded that this model transcends the limits of retributive criminal law and has been developed by legislation that respects the Constitution and the standards of international law and human rights, while contributing to the achievement of peace with justice in Colombia.

Keywords : Peacekeeping; human rights; administration of criminal justice system; Colombia; purposes of the penalty.

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