Constitución en Inglés

350 constituteproject.org Colombia 2021 This evaluation will be based, with strict adherence to Article 29 of the Political Constitution, on the Colombian Penal Code in force at the moment when the act was committed, International Human Rights Law (IHRL), and International Humanitarian Law (IHL). The JEP will respect international obligations concerning investigation, judgment, and punishment. The principle of favorability [i.e., the law that is most favorable to the accused shall be applied in cases of doubt or conflict between two penal laws] always must apply in this evaluation. In the assessment of the public force members’ conduct, operational rules active at themoment of the act must also be considered, provided that they are not contrary to legal normativity. Competence of the Special Jurisdiction for Peace The Special Jurisdiction for Peace will have competence over offenses committed because of, on occasion of, or in direct or indirect relation with the armed conflict and without the motivation of obtaining illegal personal enrichment, or in case such motivation exists, without it being the determinant element for the criminal act. To this end, the following criteria will be considered: a. That the armed conflict has been the direct or indirect cause of the commission of the punishable act, or b. That the existence of the armed conflict has influenced the author, participant, or accessory of the punishable act committed because of, in the context of, or in direct or indirect relation with the conflict, regarding TRANSITIONAL ARTICLE 23