So far since the installation of the new legislature more than 100 bills have been filed. Some modify crimes, such as the one proposed by Senator Jota Pe Hernández to toughen penalties for theft, and some change justice in general.
The Cambio Radical party pointed in the Chamber to the modifications to the judicial system. The first is a draft legislative act, which modifies some articles of the Constitution, and the second is a bill.
Decongest the system with the reforms
In the reform to the Charter, project 020 of the Chamber, some points stand out that, according to the party, seek to decongest the justice system and guarantee greater legal security. The initiative seeks, among other things, to reform the sources of law, which are the aspects on which a judge must base himself to reach a decision.
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Currently, the only mandatory source is the “rule of law”, which is understood as the entire set of rules that exists in the country. Radical Change proposes that the other be the judicial precedent, which is a sentence or a compilation of them that has referred to a specific topic. For the bench, this aspect “is essential to safeguard equality and thus prevent each judge from applying their own criteria.”
In addition, the reform seeks to “prohibit guardianships”, so that with this “judges focus on the real violations of fundamental rights” and abuse of guardianship is not allowed. The new article mentions that “only the owner of the affected right, his legal representative, his legal representative or official agent may file a guardianship action.”
One point that is not exactly well supported is that “the protection against judicial orders does not have clear rules of application”, because it ignores that for several years the Constitutional Court has established criteria for filing this appeal. Among others, the thesis has been maintained that it is not an additional resource to analyze substantive decisions, but to pronounce only on the violation of fundamental rights.
Radical Change also aspires to increase the years of experience to be a magistrate of the high courts, although in 2015 it was established at 15 years. The new reform proposes that there be 25, in addition to prohibiting them from litigating in the corporation for which they were chosen and imposing a period of 12 years to serve.
Finally, the draft legislative act wants the election of the Registrar, the Auditor General, the Prosecutor and the magistrates of the Constitutional Court ssome shortlists of merit contests in which, although Congress has the last word, the high courts do not participate.
However, the initiative intends for the Supreme Court to continue choosing the Attorney General, but no longer in a shortlist sent by the President, but that results from another merit contest.
It also proposes the elimination of the Superior Council of the Judiciary to create a new entity “with a managerial focus” called the Judicial Administration Directorate, whose director will be chosen by the presidents of the high courts.
Among other entities that are being sought to end, the departmental, municipal and district comptrollers appear, because the decentralization with which they were created “makes each comptroller’s office function as an independent entity.”
In House bill 018, Radical Change seeks to develop the changes of the constitutional reform and implement others that also, according to what they justify, want to decongest the system.
The initiative wants to eliminate the imputation hearing, since it considers that the guarantee control judge at that stage is “a mere spectator of what was indicated by the prosecutor” and “many times” he does not ask the defendant if he wishes to accept charges. For the bench, like that “does not exist in the pure American accusatory system”it is not a convenient instance and “has caused a lot of problems”.
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About constitutional reform changes
Instead, it proposes a written accusation, sent to the person prosecuted and to the defendant, and keep the judge of guarantees only to legalize the capture or request an insurance measure.
Also look for the appeal in oral proceedings is not processed by this means in a hearing, but in writing within five days of the sentences. Other modifications are addressed to the General Process Code, the Arbitration Statute, the Lawyer’s Disciplinary Code, among other regulations.
In the Senate, David Luna proposes that the hearings of capture legalization do not have to be done in person, that is considered a danger to the community to someone with at least three criminal notices and that semi-annual training is given on the regulations on captures.
Meanwhile, congressman Guido Echeverri filed another bill to incorporate work for the benefit of the community in the penal system, while Fabián Plata proposes an anti-corruption chair in educational institutions.
Colprensa.
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