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- Title
TENSIONES SIMBÓLICAS Y PROCESALES EN EL RECONOCIMIENTO DE RESPONSABILIDAD: LA EXPERIENCIA DEL SISTEMA LA DE "JUSTICIA Y PAZ" COMO FUENTE DE APLICACIÓN EN LA JEP.
- Authors
Karaman, Valentina; Pablo Pantoja, Juan; Merchán, Mateo; Mora, María Camila; Pérez, Juliana; Bermúdez, Camila; Posso, Isabella; Buitrago, Julián; Vergara, Carlos; Mestre Ordóñez, José Fernando
- Abstract
The Res judicata has been understood as a guarantee for the defendant. However, by confronting this guarantee with the aims of transitional justice, it is possible to highlight problems between the two institutions, where, in order to disprove the first, routes are consecrated as is called recognition of liability. In 2005, Law 975 was passed, known as "Justice and Peace", where free versions were considered as a mechanism for acknowledging liability. The problem was that the execution of this figure generated procedural and symbolic tensions such as the isolation of the victims with respect to the victimizer, thus preventing the real possibility of intervention in the proceedings or the granting of legal benefits to the prosecuted, despite the victims' objections that culminated in a move away from the restorative end allowing those who submitted to it not to comply with the contemplated objectives. Seeing that the Special Jurisdiction for Peace was created in Colombia, it is pertinent to allude to the experiences acquired in justice and peace to create a system that allows a better recognition of liability.
- Subjects
LEGAL liability; TRANSITIONAL justice; RES judicata; INTERNATIONAL cooperation; PEACE -- Law &; legislation
- Publication
Revista del Instituto Colombiano de Derecho Procesal, 2019, Issue 49, p61
- ISSN
0123-2479
- Publication type
Article