NCJ Number
50461
Journal
Derecho Penal y Criminologia Volume: 1 Issue: 1 Dated: (DECEMBER 1977) Pages: 7-14
Date Published
1977
Length
8 pages
Annotation
THE PENAL CODE PROJECT IS AN ATTEMPT BY THE COLOMBIAN GOVERNMENT TO DIMINISH OR ELIMINATE FACTORS IN THEIR ANTIQUATED JUDICIAL SYSTEM THAT HAVE LED JURIDICAL STAGNATION IN THE COUNTRY.
Abstract
CRIME AND SOCIOECONOMIC PROBLEMS HAVE BEEN RISING AT AN ALARMING RATE OVER THE LAST DECADES IN COLUMBIA. THE PUBLIC INSTITUTIONS DESIGNED TO MEET THESE PROBLEMS ARE NOT EQUIPPED TO HANDLE THE RISE IN SOCIAL PROBLEMS AND CRIME. IN PART, THIS IS DUE TO THE POPULATION EXPLOSION OF THE LAST FEW YEARS AND THE EMIGRATION OF PEOPLE FROM THE COUNTRYSIDE TO THE MAJOR CITIES. THE FIRST ATTEMPT AT REFORM TOOK PLACE UNDER THE GOVERNMENT OF ALBERTO LLERAS IN 1964. THE PURPOSE WAS TO REORGANIZE THE ANTIQUATED JUDICIAL STRUCTURE AND SOCIAL WELFARE INSTITUTIONS. HOWEVER, THESE REFORMS WERE UNDERMINED BY A COUNTERREFORM MOVEMENT IN 1968 WHICH CAUSED SOCIAL AND ECONOMIC DISORDER AND EVENTUALLY A RETURN TO THE OLD SYSTEM. SINCE THE REFORM OF 1964 HAD MADE NO ATTEMPT TO REFORM THE PENAL CODE WHICH HAS BEEN IN EXISTENCE SINCE 1936, THIS TASK WAS UNDERTAKEN IN 1974 BY A COMMISSION UNDER PRESIDENT MISAEL PASTRANA. PRELIMINARY RECOMMENDATIONS WERE COMPLETED IN 1976. THE RESULT WAS A RIGOROUS REVISION OF THE ENTIRE PENAL CODE. FROM ITS INCEPTION, THE COLUMBIA PENAL CODE HAS SUFFERED FROM A MAJOR DEFECT: IT WAS ESSENTIALLY A FOREIGN SYSTEM TRANSPLANTED FROM ITALY AND DID NOT REFLECT THE SOCIAL AND POLITICAL REALITIES OF COLUMBIA, INSTEAD IT WAS BORN OUT OF THE IDEOLOGICAL STRUGGLES OCCURRING IN ITALY AT THE TIME. AFTER 40 YEARS, THE PENAL CODE DEMONSTRATED THAT IT DID NOT HAVE THE FLEXIBILITY TO ADJUST TO THE RAPID CHANGES TAKING PLACE IN COLUMBIA. CHANGE WAS THUS LONG OVERDUE. THE PENAL CODE PROJECT WAS THEREFORE UNDERTAKEN IN RECOGNITION OF THE RAPID ECONOMIC PROGRESS AND INDUSTRIAL DEVELOPMENT MADE OVER THE YEARS AS WELL AS THE ALARMING RISE OF CRIME IN THE COUNTRY. (STB)