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:

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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.