¿Cuál es el objetivo de reformar el fuero penal militar en Colombia? / El fuero militar en Colombia

Abstract

In Colombia as elsewhere, there have been various controversies, when it comes to review the actions of the members of state security forces who developing the function for which they were created, discuss some abuses and engage in behaviors that do not conform to the legal framework, with greater discomfort that occurs in case of investigation and prosecution. Therefore it is necessary to first clarify some definitions, which apparently cause confusion even among some writers where the concepts of Criminal Justice Military Criminal Jurisdiction merge. Immediately afterwards there will be a historical overview of the history and advances in criminal justice, specifically the Military Criminal Jurisdiction brought the Colombian legal system. And in this context it will hold a work description and statement of the scope and limits of military criminal courts based on the current reform thereof which recently boosted by the government in the Congress of Colombia. Similarly seeks to identify the strengths and weaknesses of the draft reform, how are you ultimately uncertain situations seem to be the generators of uncertainty and legal uncertainty on this issue seems to be perceived among members of the Armed Forces, which subsequently They are the final recipients of the same. Based on the above exhibition will run from its inception to the present, taking as objective legal, doctrinal and jurisprudential foundation of the High Courts in the wake of the controversies in its application. Finally, based on the foregoing, we will try to determine the effects that will generate practical application of Legislative Act 022 Senate and 167 House of Representatives among the members of the Colombian security forces highlighting possible weaknesses and strengths of the new regulations and that in actually it contributes to meet the shortcomings of which apparently suffers today the military criminal justice, especially in the case of the application of one of its main pillars the Military Criminal Jurisdiction.