Abstract

ZARABANDA SUAREZ, Diana Marcela. Non legality: its differences in the Military Forces’ disciplinary regime and the criminal regime. Rev. Cient. Gen. José María Córdova [online]. 2022, vol.20, n.39, pp.591-607.  Epub July 01, 2022. ISSN 1900-6586.  https://doi.org/10.21830/19006586.925.

This article discusses the normative structure of Article 57 of Law 1862 of 2017, which structures the Military Forces’ disciplinary non-legality, establishing discipline, probity, and service and state purposes as legal goods seemingly incompatibly with the foundations of criminal law. To this end, it reviews the differences between the normative structures and purposes of the disciplinary regime and criminal law. Criminal law seeks to protea legal goods through objective assessment standards, while disciplinary law seeks to establish a model of conduct in public servants through subjective standards of determination. In the end, it advocates interpreting this laws interests as personal duties and not legal goods, following the disciplinary regime.

Keywords : criminal law; disciplinary law; Military Forces; objective evaluation standards; public service; subjective determination standards.

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