Abstract

SALDARRIAGA-GONZALEZ, Yuri Shirley. THE NEW CONFIGURATION OF POLITICAL CRIME IN COLOMBIA AS OF THE 2016 FINAL PEACE AGREEMENT OF 2016. Novum Jus [online]. 2021, vol.15, n.2, pp.121-151.  Epub July 23, 2022. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2021.15.2.5.

The Final Agreement for the Termination of the Conflict and the construction of a Stable and Lasting Peace (hereinafter Final Agreement) introduced multiple modifications to the Colombian legal system. Some of these were concrete, such as the creation of a new tribunal for the investigation and prosecution of crimes committed in the context of the armed conflict. Others were tacit, such as the substantial modification of the concept of political crime in Colombia. This paper deals with the latter, based on an analysis of doctrinal, normative and jurisprudential sources. In this sense, the aim of the paper is to identify and analyze the main modifications of the category of political crimes that emerged after the Final Agreement, in light of the criteria for granting amnesties. The article concludes that such modifications can be understood in two dimensions: (i) rights-based, involving the affectation of individually considered victims of the Colombian armed conflict and (ii) anti-altruistic, whereby the motivation of the active subject to commit the conduct is not the main issue of analysis to determine the connection of a common crime with a political crime.

Keywords : political crime; Final Agreement; connection with political crime; personal legal property; victims.

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