Colombia

Law No. 975, 25 July 2005 Issuing Provisions for the Reincorporation of Members of Illegal Armed Groups Who Effectively Contribute to the Attainment of National Peace, and Other Provisions for Humanitarian Accords Are Issued

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.

Keywords

Determination of sentence - national proceedings
National penalties - national proceedings



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