From deprivation to restriction of freedom and other criminal sanctions: Towards to a restorative paradigm in the special justice for colombian peace?

Abstract

This article studies the three lines of the penal sanction (own, alternative, and ordinary) that are considered as punitive answers in the Colombian peace agreement signed by the Colombian government and the Revolutionary Armed Forces of Colombia (FARC-EP). To do so, a comparison is made between ordinary jurisdiction and the deprivation of liberty in this context, versus the effective restriction of the liberty of the sanction itself and the restorative approach. The restorative approach is regulated in two laws: (i) 1922 of 2018 (procedural rules for the Special Peace Jurisdiction) and (ii) 1957 of 2019 (statutory for the Special Peace Jurisdiction). In the transitional context determined by the peace agreement, these two laws tend to prioritize reparation over retribution regarding the theory of the purpose of punishment and the theory of punitive models. However, the alternative and ordinary sanctions are based on this last consideration.