Criminal Responsibility of Minors in Colombia: Case of the Attack on Senator Miguel Uribe

Attack on Miguel Uribe Turbay: A 14-Year-Old and the Debate on Juvenile Justice in Colombia

On June 7, 2025, during a political event in Fontibón (Bogotá), a 14-year-old shot Senator and presidential pre-candidate Miguel Uribe Turbay, seriously wounding him. The minor was apprehended in flagrante delicto, charged with attempted homicide and illegal possession of a firearm, and placed under preventive detention in a specialized center of the System of Penal Responsibility for Adolescents (SRPA).

This event has sparked intense debate about the capacity of the juvenile penal system and the need to reform the age of criminal responsibility in Colombia, while investigations into potential masterminds and criminal networks behind the attack are underway. To understand the legal context, it's essential to know Criminal Law in Colombia.

1. Legal Framework: System of Penal Responsibility for Adolescents (SRPA)

1.1 Law 1098 of 2006: Code of Childhood and Adolescence

• Establishes the SRPA, focusing on restoration and resocialization.
• Defines as a sanction, not a conviction, the deprivation of liberty for minors between 12 and 17 years of age, for several months, up to a maximum of 8 years, when the punishable offense carries a penalty equal to or greater than 6 years according to the Penal Code.

1.2 Juvenile Criminal Process

• Begins with the legalization of the arrest by a juvenile criminal judge. Subsequently, the imputation is made, the precautionary measure (preventive detention) is defined, and the hearing takes place. It is important to highlight the Rights of Victims in the Colombian Criminal Process.
• If responsibility is proven, a pedagogical sanction is imposed; the length of detention is adjusted depending on the conduct, risk, and cooperation of the minor.

1.3 Maximum Applicable Sanction

• For attempted homicide or homicide in serious cases, the SRPA provides for a minimum of 2 years and a maximum of 8 years of detention.
• It does not generate criminal records, and it is not served in INPEC prisons, but in specialized centers such as the CAE “El Redentor”.

2. Jurisprudence and Similar Cases

2.1 Historical Cases of Juvenile Hitmen

Since the 1980s and 1990s, Colombia has seen instances of juvenile hitmen working for drug cartels and armed groups. For example, an 18-year-old participated in the assassination of Minister Rodrigo Lara Bonilla (1984), a landmark case highlighting the use of minors as assassins.

2.2 Intellectual Authors and Criminal Networks

Although the perpetrator was a minor, current investigations point to criminal networks or contract killings, implying alleged masterminds.

2.3 SRPA Sentences

Colombian jurisprudence confirms that in serious cases the system prioritizes resocialization. If the minor cooperates and poses no risk, judges can opt for a minimum sentence of 2 years or even plea bargains, reducing criminal action.

3. Doctrinal Perspectives on Juvenile Criminal Justice

The case of the minor who attacked Miguel Uribe has reignited a deep debate on how Juvenile Criminal Law should handle especially serious crimes. Three main viewpoints are distinguished in the doctrinal and academic fields:

• Guarantor Position: Defends the pedagogical and restorative purpose of the SRPA. Believes that harsher penalties violate the minor's fundamental rights and contradict international treaties. This position stresses the need to invest in social prevention, psychosocial care, and educational opportunities for at-risk adolescents.
• Intermediate Position: Recognizes that certain crimes, such as homicide or terrorism, require a stronger response. Proposes that, in exceptional cases, more severe sanctions be allowed within the SRPA, without abandoning the resocializing approach. Aims to balance the protection of the minor's rights with public safety.
• Punitivist Position: Argues that the current system doesn't deter criminal networks from using minors as hitmen. Advocates for reforming the SRPA or even allowing certain adolescents to be tried under the regular criminal system, especially in cases of recidivism or aggravated intent.

This range of positions reflects the complexity of the issue and the need for evidence-based criminal policies that address both constitutional guarantees and the country's criminal reality.

4. Reform Proposals: Lowering the Age of Criminal Responsibility

Following the attack, Representative Piedad Correal announced a bill to lower the age of criminal responsibility from 18 to 14 years for serious crimes such as homicide, terrorism, kidnapping, and sexual violence.

Positions in favor:

• To deter criminal networks from using minors.
• To ensure sanctions proportionate to the severity of the crimes.

Positions against:

• Risk of criminalizing adolescents without addressing underlying social issues.
• The Truth Commission, the Prosecutor's Office, and human rights defenders call for strengthening well-being, not punishment.

5. The Case of the 14-Year-Old

5.1 Known Facts

• The minor shot the senator in El Golfito park, who suffered injuries to the head and leg.
• Apprehended in flagrante delicto, he exchanged fire with bodyguards, was injured in the leg, and received medical attention.
• The arrest was legalized (Legalization of Arrest Hearing in Colombia), charges were filed (Imputation Hearing), and preventive detention was ordered (Precautionary Measure Hearing) under the protection of the ICBF.

5.2 Measures and Protection

• The judge ordered preventive detention in an SRPA center.
• The minor and his family entered the Victim/Witness Protection Program, with possible identity changes and relocation.

5.3 Possible Sanctions

• If responsibility is acknowledged, he could receive between 2 and 8 years, with a pedagogical focus.
• If he cooperates with information about intellectual authors, he could benefit from a plea bargain, receiving a minimum sentence of 2 years.

6. Sociopolitical Context and Misinformation

6.1 Armed Dissidents

Groups such as FARC dissidents deny involvement. The government is investigating possible links to state security forces.

6.2 Use of Minors in Political Violence

The instrumentalization of minors is not new in Colombia. Experts warn that the attack reignites debates about structural violence and the urgent need for a social response.

6.3 Dangerous Misinformation

Following the attack, false information and theories about the minor were spread, generating threats. Media and authorities have been urged to verify information.

7. Conclusion: Balancing Justice, Resocialization, and Security

1. The current juvenile penal system prioritizes the restoration of rights and protects juvenile offenders.
2. The minor involved will be tried under the SRPA, with a maximum penalty of 8 years detention.
3. Jurisprudence supports a minimum sentence if the minor cooperates, without a criminal record.
4. Experts emphasize the need to strengthen preventive programs and address juvenile vulnerability.
5. The proposal to lower the age of criminal responsibility reflects an urgent political response but needs to be integrated with social strategies.
6. For effective justice, it's crucial to identify criminal networks and possible intellectual authors.

Recommendations to Improve the System