CHAPTER I
Principles and definitions

Article 3. Alternative sentencing. Alternative sentencing is a benefit consisting of
suspending execution of the sentence determined in the respective judgment, replacing it with an
alternative sentence that is granted for the beneficiary’s contribution to the attainment of national
peace, collaboration with the justice system, reparation for the victims, and the person’s adequate
re-socialization. This benefit is granted in accordance with the conditions established in this law.

CHAPTER IV
Investigation and prosecution

Article 20. Joinder of proceedings and accumulation of sentences. For the procedural purposes of this law, any proceedings already under way for criminal acts committed during and on occasion of membership of the demobilized person in an illegal armed group shall be joined. In no case shall there be joinder for criminal conduct committed prior to membership of the demobilized person in an illegal armed group.
When the demobilized person has been previously convicted of criminal conduct committed during and on occasion of his or her membership in an illegal armed group, the provisions of the Criminal Code on serving sentences concurrently (acumulación jurídica de penas) shall be taken into account, but in no case may the alternative sentence be greater than that provided for in this law.

CHAPTER IV
Investigation and prosecution

Article 23. Interlocutory proceeding for comprehensive reparation. In the same hearing in which the respective Chamber of the Superior Judicial District Court finds that the acceptance of the charges is lawful, after an express request made by the victim, or by the prosecutor handling the case or by the Public Ministry upon request of the victim, the judge writing for the court shall immediately open the interlocutory proceeding for comprehensive reparation of the harm caused by the criminal conduct, and shall call a public hearing within five (5) days.
That hearing shall begin with a statement by the victim or his or her legal representative or public defender, to state specifically the type of reparation sought, and to indicate the evidence that he or she will introduce to support his or her claims.
The Chamber shall examine the claim, and shall dismiss it if the person filing it is not the victim or if actual payment of the damages is shown and if this were the only claim made; said decision may be challenged in the terms of this law.
Once the claim is admitted, the Chamber shall inform the accused that it has accepted the charges, and will then invite the parties involved to conciliate. If they reach agreement, it shall be incorporated in the ruling in the interlocutory proceeding; otherwise, it shall order that the evidence offered by the parties be produced, it shall hear the arguments in support of their respective claims, and in the same act it shall rule on the interlocutory proceeding. A decision either way shall be incorporated into the guilty verdict.
Paragraph 1. Exclusively for the purposes of the conciliation provided for in this article,
the victim, the accused or defense counsel, the prosecutor handling the case, or the Public Ministry may ask that the Director of the Social Solidarity Network (Red de Solidaridad Social) be subpoenaed in his capacity as controller of expenditures of the Fund for the Reparation of Victims.
Paragraph 2. The granting of an alternative penalty may not be denied if the victim fails to exercise his or her right in the interlocutory proceeding for comprehensive reparation.

CHAPTER IV
Investigation and prosecution

Article 25. Facts that come to be known after the verdict or the pardon. If the members of illegal armed groups who received the benefits of Law 782 of 2002, or who benefitted from the alternative sentence under this law, subsequently come to be accused of crimes committed during and on occasion of their membership in these groups and prior to their demobilization, that conduct shall be investigated and judged by the competent authorities and the laws in force at the time of such conduct, without prejudice to the granting of the alternative sentence in the event that they collaborate effectively in clarifying or accept, orally or in writing, freely, voluntarily, expressly, and spontaneously, having been duly advised by their defense counsel, their participation in their commission, and so long as the omission was not intentional. In this case, the convicted person may benefit from the alternative sentence. The alternative sentences shall be served concurrently, without exceeding the maximum terms established in this law.
Taking into account the seriousness of the new facts judged, the judicial authority shall impose an increase of twenty percent of the alternative penalty imposed, and a similar increase of the time on probation.

CHAPTER IV
Investigation and prosecution

Article 24. Content of the verdict. In keeping with the criteria established in the law, the guilty verdict shall set the principal sentence and the accessory penalties. It shall also include the alternative sentence provided for in this law, the commitments with respect to conduct for the term ordered by the Court, the obligations with respect to moral and economic reparation to the victims, and forfeiture of the assets that are to be earmarked for reparation.
The respective Chamber shall be responsible for evaluating compliance with the requirements provided for in this law to be eligible for the alternative penalty.

CHAPTER V
Alternative Sentence

Article 29. Alternative sentence. The Chamber with jurisdiction of the Superior Judicial District Court shall determine the sentence that corresponds to the crimes committed, in keeping with the rules of the Criminal Code.
In the event that the convicted person has met the conditions provided for in this law, the Chamber shall impose an alternative sentence that consists of deprivation of liberty for a term of at least five (5) years and not greater than eight (8) years, to be set based on the seriousness of the crimes and his or her effective collaboration in their clarification.
To have the right to an alternative sentence, the beneficiary will be required to commit himself or herself to contribute to his or her re-socialization through work, study, or teaching during the time that he or she is deprived of liberty, and to promote activities geared to the demobilization of the illegal armed group of which he or she was a member.
Once the alternative sentence has been served and the conditions imposed in the judgment have been met, the beneficiary shall be released on probation for a term equal to half the alternative sentence imposed, during which time the beneficiary undertakes not to commit the crimes for which he was convicted in the framework of this law, to come before the corresponding Superior Judicial District Court periodically, and to report any change in residence.
Once these obligations have been met and after the probation period has lapsed, the principal penalty shall be declared to have extinguished. Otherwise, the probation shall be revoked and the penalty initially determined shall be served, without prejudice to any of the benefits for the reduction of penalties provided for in the Criminal Code that may apply.
Paragraph. In no case shall benefits for the reduction of penalties, additional benefits, or reductions complementary to the alternative sentence be applied.

CHAPTER XII

Article 70. Reduction of sentences. The persons who at the time of the entry into force of this law are serving sentences after final judgments shall have the right to a reduction in the sentence imposed by one-tenth, except for those convicted of sexual offenses, crimes against humanity, and drug-trafficking.
For the granting and setting of the benefit, the judge of enforcement of sentences and security measures shall take into account the convict’s good conduct, his or her commitment not to repeat the criminal acts, his or her cooperation with the justice system and actions to make reparation to the victims.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.

Article 78
Determination of the sentence
1. In determining the sentence, the Court shall, in accordance with the Rules of Procedure and Evidence, take into account such factors as the gravity of the crime and the individual circumstances of the convicted person.
2. In imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime.
3. When a person has been convicted of more than one crime, the Court shall pronounce a sentence for each crime and a joint sentence specifying the total period of imprisonment. This period shall be no less than the highest individual sentence pronounced and shall not exceed 30 years imprisonment or a sentence of life imprisonment in conformity with article 77, paragraph 1 (b).