El “nuevo” acuerdo final para la paz a través del lente del derecho penal

Abstract

The final agreement signed between the FARC rebels and the Colombian government deals with important issues like victims, illegal drug trafficking, restitution of land, and others. In this way that this text pretends to give an analysis of the agreement from the perspective of criminal law, primarily from the special jurisdiction for peace – being this a topic used by the opposition in the campaigns for the plebiscite – and for this the differences between ordinary criminal justice and transitional justice are considered, with the requirements and obligations that bring access, in this case, the second one. Intending to explain how this jurisdiction does not mean impunity as many think, and without leaving aside the relationship that this jurisdiction has with the repair of the victims.

Keywords

• peace agreement
• amnesty
• conflict
• criminal law
• rights of the victims
• ordinary justice
• transitional justice
• political crimes