Publicación:

Derecho al debido proceso dentro de la jurisdicción especial de la justicia penal militar

Resumen

The Military Criminal Justice as a special Justice from the Constitutional point of view is contained in the superior article 221 that establishes: “Of the punishable conducts committed by the members of the Public Force in active service, and in relation to the same service, the courts-martial or military courts, in accordance with the provisions of the Military Penal Code. Such courts or tribunals will be made up of members of the Public Force on active duty or in retirement ”(Political Constitution of Colombia, 2020, Ed. Leyer P. 150). Likewise, the Magna Carta grants the power to administer Justice to Judges and Military Criminal Courts in its Article 116. The aforementioned Judges and courts have the purpose of prosecuting members of the Public Force who commit conduct framed as criminal types contained in the Law. 599 (2000), punishable that must be developed within the active service and on the occasion of the same being assumed by this special Jurisdiction; This is known as Military Criminal Jurisdiction and is determined by the functional factor (strict relationship between the service, its mission and the conduct investigated). Constitutional Court Sentence SU 190 OF 2021. With Law 1407 (2010), the legislator sought to align the procedures of the Special Jurisdiction of Military Criminal Justice with the precepts contemplated in procedural matters of the Ordinary Jurisdiction, its material application has been a continuous pronouncement of Decrees without specifying, thus being affected the Right to due process of members of the Public Force involved in criminal investigations within this Jurisdiction. The members of the Public Force at present within an eventual process in the Military Criminal Justice are faced with two laws on procedural matters in force, these being Law 522 (1999) and Law 1407 (2010), the uncertainty and lack of legal security when facing a process.