Constitución en Inglés

312 constituteproject.org Colombia 2021 framework of transitional justice, the Congress of the Republic, at the initiative of the National Government, shall be empowered to determine by statutory law selection criteria that allow efforts to be focused on criminal investigations of those most responsible for crimes that reach the level of crimes against humanity, genocide, or systematically committed war crimes; establish cases, prerequisites, and conditions in which extrajudicial sanctions, alternative penalties, or special modalities for executing and fulfilling penalties might proceed; and authorize conditional renunciation of criminal judicial prosecution of all cases that have not been selected, as long as Congress’s statutory law does not alter what has been stipulated in the Accord creating the JEP and its norms. This law will bear in mind the gravity and representativity of cases in determining selection criteria. Inany case, applicationof theabove-mentioned special criminal constitutional instruments shall be subject to conditions such as abandonment of weapons, recognition of responsibility, contribution to discovering the truth and making reparation to victims, release of hostages, and decoupling of minors who are illegally recruited and held by armed groups outside the law. The application of transitional justice instruments to armed groups outside the law who took part in hostilities will be limited to those who demobilize collectively under a peace agreement or individually in accordance with established procedures and with the authorization of the National Government. Under no circumstances may transitional justice instruments benefit armed groups outside the law that have not been involved in the internal armed conflict, or any member of an armed group that, once demobilized, continues committing crimes. PARAGRAPH 1 PARAGRAPH 2