Crime and punishment

Legal Framework and Established Penalties

Colombia operates on an accusatory criminal system, mainly governed by the Code of Criminal Procedure (Law 906 of 2004). The state sets penalties for a wide range of crimes, with severe prison sentences for major felonies:

Image taken from: imagen-recortada-manos-masculinas-esposadas-espalda_488220-37746.jpg

Drug-Related Charges: In order to stop the cocaine trafficking, Colombia imposes strict penalties. Charges related to narcotics often carry a minimum prison time of four years, and in many cases, exclude non-custodial alternatives.

Serious Crimes (e.g., Aggravated Homicide, Femicide, Kidnapping): These crimes are subject to long prison sentences. Recent reports confirm that the judicial system continues to actively pursue and sentence individuals for crimes like aggravated femicide.

Transitional Justice: The Special Jurisdiction for Peace (JEP), established as part of the peace process, provides a unique framework for accountability for crimes committed during the conflict. It emphasizes a restorative justice approach, offering alternative, non-custodial sanctions (known as Sanciones Propias or Special Sanctions) to those who confess, contribute to the truth, and commit to reparations. Failure to comply can result in reduced or ordinary prison sentences.

Arrest and Detention: Individuals are typically arrested when caught in flagrante (committing a crime) or under a judge-issued warrant. The right to bail does not exist under Colombian law.

Canada Goverment Recommendations

Canada Goverment Recommendations to its citizens

If you are arrested under Colombian law, you have the right to:

• remain silent;
• not testify against yourself and your immediate family;
• a fair and speedy trial;
• attend all hearings and speak freely in them;
• appeal all decisions that are not favourable, including the conviction;
• have sufficient time and means to prepare an adequate defence; and
• plead guilty or negotiate a plea bargain.

The victim has the right to:

• learn who committed the crime and the circumstances under which it was perpetrated;
• justice;
• obtain an efficient economic reparation;
• appeal all decisions that are not favourable, including an accused’s acquittal; and
• attend all hearings and speak freely in them (except during cross-examination of witnesses).

Overview of the Colombian criminal law system - Travel.gc.ca

Global Citizenship

 

Global Citizenship: Critical Thinking and Media Literacy as Your Best Travel Insurance

Traveling to a new country is an exciting adventure, but navigating unfamiliar laws and social norms can be tricky. For global citizens, critical thinking and media literacy are not just academic skills—they are essential tools for personal safety and, most importantly, for preventing unintentional legal missteps or criminal offenses abroad.

1. The Power of Critical Thinking on the Road

Critical thinking involves analyzing information objectively and making reasoned judgments. When traveling, this means:

• Questioning Assumptions: Don't assume that laws, police behavior, or social customs are the same as in your home country. For instance, possession of certain substances that are legal or decriminalized where you live might carry severe penalties elsewhere.

• Analyzing Situations: Before acting, especially in ambiguous situations (like a potential dispute, a street interaction, or a border encounter), quickly assess the risks, benefits, and potential legal consequences of your choices.

• Verifying Authority: If you are approached by someone claiming to be a police officer or an official, your critical thinking should prompt you to calmly and respectfully ask for identification and verify their authenticity, especially in countries known for scams.

2. Media Literacy: Deciphering the Destination

Media literacy is the ability to access, analyze, evaluate, and create media in a variety of forms. It’s crucial for preparing for and navigating a foreign country:

• Evaluating News Sources: Before and during your trip, rely on official, diverse, and reputable sources (e.g., your home country's foreign office advisories, official government websites, established international news outlets) for information on local laws, political stability, and safety concerns. Do not solely rely on sensationalized social media posts or biased travel forums.

• Recognizing Propaganda and Bias: Be aware that media about a foreign country, whether local or international, can be heavily biased or used as propaganda. This applies to news about political situations and even reports on crime or safety. Understanding this helps you gauge the true level of risk without panic or undue complacency.

• Understanding Contextual Clues: Much of a country's legal landscape is reflected in its media. Analyzing local news and public service announcements can give you a subtle understanding of the laws and social taboos you must respect.

3. The Preventative Impact

By actively employing these two skills, travelers can:

• Avoid Unintentional Breaches: Critical thinking pushes you to proactively research and understand local laws on things like photography, dress codes, protest laws, or even specific traffic regulations, preventing you from accidentally infringing on a serious local ordinance.

• Protect Against Scams and Exploitation: Media literacy helps you recognize the common "traveler scams" often reported online, while critical thinking prevents you from falling for emotionally manipulative ploys that could lead to financial loss or even involvement in criminal activities (e.g., unknowingly carrying illicit goods for a stranger).

In short: Your passport gets you in the country; your critical thinking and media literacy keep you safe and out of trouble.

Critical thinking and media literacy

Critical Thinking

Critical thinking is a fundamental cognitive skill that goes beyond simple memorization. It is the ability to analyze, evaluate, and synthesize information in a reflective, logical, and objective manner to reach a well-founded judgment or conclusion.

Taken from: https://www.marketing91.com/critical-thinking/

Key Elements of Critical Thinking:

• Analysis: Breaking down information or an argument into its component parts to understand its structure and content.

• Evaluation: Judging the credibility, relevance, and soundness of evidence and arguments. This includes identifying biases, fallacies, and assumptions.

• Questioning: Not passively accepting information, but asking: Who is saying it?, How do they know?, Are there other perspectives?, What is the evidence?

• Inference: Drawing logical conclusions from the available evidence.

• Self-Regulation: Monitoring and correcting one's own thinking to avoid personal biases.

Media Literacy

Taken from: https://ar.inspiredpencil.com/pictures-2023/literacy-pictures 

Media literacy is the set of knowledge, skills, and attitudes that allow individuals to access, analyze, evaluate, create, and participate responsibly and ethically with the information and content they receive and share through media and digital platforms.

Essentially, it teaches you to "read" the media in the same way you learn to read a book.

Key Media Literacy Skills:

• Access and Use: Knowing how to find and use media and digital technologies effectively and safely.

• Analysis: Understanding how media messages are constructed (the language, production techniques, who the author is).

• Critical Evaluation: Discerning between information and misinformation (fake news), recognizing manipulation or biases, and assessing the credibility of sources.

• Creation: Being able to produce and share content responsibly.

• Participation: Using media for civic and social engagement.

The Relationship Between the Two: An Essential Link

Critical thinking and media literacy are interdependent:

1. Critical Thinking is the foundation for Media Literacy: You cannot be media literate without applying critical thinking. Media Literacy provides the context (the universe of media) and Critical Thinking provides the mental tools (analysis, evaluation) to navigate it.

2. Media Literacy Tests Critical Thinking: Today's media environment, with its overabundance of information, misinformation, and biased content, is the perfect training ground for developing and applying critical thinking skills.

Why Are They Crucial Today?

In a society where anyone can create and disseminate information (or misinformation) with a single click, these skills are essential for:

• Combating Misinformation: Being able to identify fake news,
  conspiracy theories, and propaganda.

• Being an Informed Citizen: Making reasoned decisions and participating in democracy based on reliable information and multiple perspectives.

• Recognizing Bias: Understanding how media and social networks can influence our opinions and emotions, and how our own biases can affect our perception.

• Promoting Dialogue: Fostering more respectful and constructive communication, based on facts and solid arguments.

In short, Media Literacy is the practical application of Critical Thinking in the complex ecosystem of modern information and communication.