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05:48 Oct 13, 2023 |
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Spanish to English translations [PRO] Law/Patents - Law (general) | |||||||
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| Selected response from: Toni Castano Spain Local time: 22:29 | ||||||
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Summary of answers provided | ||||
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4 +2 | (to apply at least) the first quarter of punishment/punishability |
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Discussion entries: 1 | |
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(to apply at least) the first quarter of punishment/punishability Explanation: Which means that it was requested by the representative of the victim (their lawyer/counsel most likely) to apply the first quarter of punishment to the defendant. The following link in English is a clarifying resource to understand how the Colombian penal system works in the application of the so-called “quarters” of the quarter system: https://www.dejusticia.org/wp-content/uploads/2017/09/A-Bala... A BALANCING ACT DRUG POLICY IN COLOMBIA AFTER (…) In this regard, it should be clarified that the individualization of penalties in Colombia is calculated through the quarter system (figure 8). To determine the duration of the penalty, the judge must identify the quarter depending on the circumstances of greater or lesser punishability. When the quarter in which the conviction is to be placed is selected, the judge must weigh the seriousness of the conduct, the nature of the circumstances of punishment and the damage caused by the crime. Articles 55 et seq. of the Criminal Code establish criteria of greater punishability (committing an offense against public goods, committing the crime with intentions of intolerance and discrimination, increased suffering of the victim, among others) and less punishability (such as the lack of a criminal record, acting on the grounds of altruism, acting in a state of emotion, personal circumstances, reducing the negative consequences of the behavior, voluntarily repairing the damage, poverty or lack of education, among others). Figure 8. Individualization of penalties in Colombia 1/4 Without mitigating or aggravating factors, or only mitigating factors 2/4 With more mitigating than aggravating factors 3/4 With more aggravating than mitigating factors 4/4 With only aggravating factors |
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