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In a hearing in which the representatives of the victims may intervene, and in which the opinion of expert experts on mental health and the risk of recidivism of the convicted will be heard It will be defined if the sentenced to life imprisonment will be able to regain his freedom by paying 25 years of the sentence.
This is established by the draft of the bill that the Ministry of Justice wrote to regulate life imprisonment for rapists and murderers of minors, a norm that was approved in June in Congress and is being sued in the Constitutional Court.
(In context: They demand a law of life imprisonment for rapists before the Court)
The 40-page document known by EL TIEMPO determines, for example, that life imprisonment will not be applied to underage perpetrators, who will continue to be subjected to the Juvenile Responsibility System and that it is not possible to carry out negotiations as pre-agreements with those who are sentenced to that pain.
The document says that those who are sentenced to this penalty will not be entitled to benefits such as exit permits of up to 72 hours, preparatory freedom and franchise, extramural work and open prison.
The Minister of Justice, Wilson Ruiz Orjuela, had indicated in an interview with this newspaper that it is intended that the initiative “offer all the judicial guarantees that the rule of law should offer”, And added that he trusts that the Constitutional Court will make a detailed and judicious study on the constitutionality of the legislative act.
“I cannot anticipate the decision of the Court, I am very respectful of the administration of justice and I trust the good judgment of the magistrates,” said Ruiz.
I cannot anticipate the decision of the Court, I am very respectful of the administration of justice and I trust the good judgment of the magistrates
The document, which is being socialized with different sectors and was written by a group from the Directorate of Criminal and Penitentiary Policy, indicates that the penalty of reviewable life imprisonment will be applied to those responsible for crimes such as intentional homicide, femicide, violent carnal access, carnal access with a person made incapable of resisting and carnal access with incapacity to resist. In all cases, the victim must be a minor.
(It could be of your interest: Duque Announces New Measures Against Child Rapists)
Likewise, the penalty is increased for those who attempt any of these crimes, that is, who have tried, but for some reason did not commit it. And it applies to accomplices.
The initiative establishes the obligation that all life sentences are automatically reviewed. This work would correspond to the Criminal Cassation Chamber of the Supreme Court of Justice and the Superior District Courts. The cassation appeal will not proceed when the review decision is issued by the Criminal Cassation Chamber of the Court.
After paying 25 years – physical – could regain freedom
And when he was 25 years old, heThe case goes to review in an expedited process that could lead to the freedom of the convict.
After the sentence execution judge receives the request for review, the victims and the Public Ministry will be notified within 15 days so that they can rule on it.
(Further: Sexual abuse: 22 girls and 4 boys are victims every day of quarantine)
Then, in a period of no more than 15 days, the parties will be summoned to a hearing and the victims’ representatives, the Attorney General’s Office, the experts, the Inpec psychosocial team, the convicted person and the defense will be heard.
The judge will examine the certificate of absence of sanctions for serious disciplinary offenses within the establishment, the favorable opinion of the psychosocial team of the direction of the Inpec and an interdisciplinary expert report.
The latter must have a diagnosis and a prognosis “on the type of pathology of the individual, in the event of finding it”, In order to determine the convenience of the revocation of the prison. “It is important that the opinion includes an assessment of the risk of recidivism,” reads the draft project.
(We suggest you read: Expert criticism to life imprisonment for child rapists)
Resocialization must prevail over punishment
It also states that the opinion must take into account “the circumstances not only personal, but also family and social surrounding the person seeking the revocation of life imprisonment“, And have recommendations from the experts on” some rules of conduct that the convicted person may incorporate into his modus vivendi, in order to materialize his long-term changes, so that the perpetual is his re-socialization and not his sentence. “
Those who receive probation from the judges will be under scrutiny for another 10 years in which they will have to appear periodically before the sentencing judge, who must “verify compliance with the re-socialization plan imposed at the time of the review.” .
The circumstances not only personal, but also family and social that surround the person seeking the revocation of life imprisonment
The draft of the project indicates that the Ministry of Justice and the Inpec will issue, within a period of no more than six months, the guidelines for the formulation of resocialization plans.
Likewise, it says that in prisons there must be specific resocialization plans for those sentenced to life imprisonment. Those who are denied freedom at the review hearing will be able to make a new request two years later. Likewise, it is noted in the document that the probation benefit will be lost if during those 10 years the person “You are sentenced again for any criminal conduct with a minimum sentence of more than 8 years”. In that case, his imprisonment will be ordered and after another 25 years he may request a new review.
On the contrary, if the person has a good behavior during the ten years of probation and complies with the resocialization plan, the definitive termination of the sentence will be ordered.
In the explanatory statement, the Government indicates that the norm does not violate fundamental rights, nor does it go against the Constitution and international agreements. Add that more than 120 countries apply this type of sanctions and raises the difficult panorama of violent attacks against minors in the country.
(You can continue reading: Why is the commission of experts asking Duque not to revive a life sentence?)
JUSTICE
On twitter: @JusticiaET
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