Calificación y recalificación jurídica de conductas penales en la justicia transicional colombiana

Abstract

In the present research work, it is sought to demonstrate the possible existence of a violation of the principle of legality, from the implementation of the eighth article of Law 1820 of 2016, in its first paragraph, which allows the Chamber of Amnesty or Pardon of the Special Jurisdiction for Peace carry out legal classification and reclassification of criminal conduct based on the abstract principle of "broadest possible amnesty", contradicting the elements of the principle of legality, such as the requirements of prior law, written law and strict law . For this, the principle of legality will be conceptually developed from three aspects: 1) definition of the principle of legality; 2) different positions on the principle of legality and; 3) historical development of the principle of legality. In the same way, the definition of Transactional Justice will be developed, what relevant historical precedents of traditional Justice in the West exist and what is understood from the Colombian legal framework as Special Jurisdiction for Peace. Likewise, a study will be carried out on the amnesty process contained in Law 1820 of 2016, the definition of the concept of amnesty and the principle of "widest possible amnesty" in Colombian domestic legislation. Consequently, the question will be raised as to whether this norm and its implementation in the amnesty process constitute a true violation of the principle or, on the contrary, it is a coherent normative provision that responds to the foundations of the Rule of Law and the principles of the colombian legal system.