The Punitive Exacerbation: A Fallacy in the Conception of the Social State of Law

Abstract

This article aims to highlight the obstacles faced by negotiation methods within the reward system and restorative justice contemplated in Law 906 of 2004 of Colombia. It acknowledges that the possibility of achieving outcomes within figures such as plea bargains and pre-agreements is discarded as a negotiated way out of the criminal case due to increasing prohibitions, coincidentally for the most committed crimes in Colombia territory. This turns the criminal justice system into a scenario of inexorable oral trials, for which the burdens in capacity, institutionalization, and functionality are not given. Through these lines, we also seek to understand the importance of the emergence of a legal figure, in this case, a trial system, and the challenges it faces from the producing country to provide a post-implementation assessment. Perhaps from there, possible solutions can be derived, especially if a justice reform is proposed for the current year, 2024, with its main focus on the proper and swift performance of the trial system as a commitment to the opportune management of ius puniendi and criminal policy.