Revista de la Mañana. Análisis crítico de la ley de sometimiento en Colombia: Vacíos estructurales, crisis de la rama judicial y vulneración de garantías procesales

Abstract

The interview analyzes the Law of Submission to Justice for Organized Armed Groups (OAGs) and Organized Crime Groups (OCGs), highlighting structural flaws from its very inception. Dr. Francisco Bernate warns that criminal policy in Colombia is unbalanced, as it is directed almost exclusively by the Attorney General’s Office, which has fragmented the system into ten distinct criminal procedures. Furthermore, he criticizes the fact that the law does not provide for a budget increase for the Judicial Branch, which will lead to an operational collapse when faced with collective macro-cases that lack the physical and human infrastructure required for their processing.

Another critical point of the analysis is the infringement of procedural guarantees and the practice of law. Bernate denounces that the regulations impose restrictions on the right to defense by indirectly criminalizing legal counsel and forcing lawyers to disclose the source of their fees. Additionally, he points out that the law allows for invasive privacy measures, such as prolonged access to telephone databases and an increase in pre-trial detention periods, which he describes as a 'legal outrage' that sacr