Parole in Colombia How does it work?

What is Parole in Colombia?

When discussing punishments, deprivation of liberty is perhaps the most severe. However, in Colombia, as a social state governed by the rule of law, the main objective is the social reintegration of convicted individuals.

As Magistrate Antonio José Lizarazo mentions: “during the execution of sentences, the pursuit of the offender's resocialization should prevail…” He also states that “imprisonment cannot be considered the only way to execute the sentence imposed on the convicted person.”

Therefore, alternative measures exist that allow for the fulfillment of the sentence and social reintegration. You can learn more about Criminal Law in Colombia and other alternatives such as Habeas Corpus: protecting Colombians’ freedom or What is release on expiration of terms?. This article discusses parole: what it is, how to access it, and the obligations of the convicted person.

What is Parole in Colombia?

Parole is an alternative to serving a sentence of deprivation of liberty (prison or house arrest). The competent judge allows the convicted person to be outside a detention center or their home, but with specific obligations to fulfill their sentence.

Everything related to parole is found in articles 63 to 68 of the Colombian Penal Code.

How can parole be accessed in Colombia?

According to article 64 of the Colombian Penal Code, the judge, after assessing the act that led to the conviction and if the convicted person meets certain requirements, may grant parole. These requirements are:

1. Having served three-fifths (3/5) of the sentence.
2. Demonstrating good behavior and performance during their stay at the detention center.
3. Demonstrating family and social ties.

The judge analyzes the case and verifies that these three requirements are met to grant parole. This does not imply acquittal; the convicted person must continue to answer for their actions and fulfill specific obligations. The remaining time of the sentence is considered a probationary period, which may be extended by up to one more year by the judge if necessary (if the remaining time is less than 3 years).

What are the obligations of a person granted parole in Colombia?

Even with parole, the convicted person must fulfill specific obligations (article 65 of the Colombian Penal Code):

• Report any change of residence.
• Observe good conduct.
• Repair the damages caused by the crime (unless they demonstrate economic impossibility). You can learn more about the Victims’ rights in the Colombian criminal process and Conciliation in criminal matters in Colombia.
• Appear personally before the judicial authority supervising the execution of the sentence.
• Not leave the country without authorization from the official supervising the execution of the sentence.

Failure to comply with these obligations leads to the revocation of the benefit and a return to the penitentiary to serve the sentence (article 66).

Special Cases

There is a special case where a benefit can be granted to the convicted person: when they have a very serious illness that prevents them from serving their sentence in a penitentiary.

A specialized forensic doctor will perform the necessary examinations and confirm whether or not the convicted person has a serious illness. In this way, they may serve their sentence at home or in a hospital, as determined by the judge.

If the sentence is served in a hospital, the National Penitentiary and Prison Institute (INPEC) will be responsible for assigning the place.

If the convicted person wishes to serve their sentence in a specific hospital, they may do so, but the expenses will be their responsibility.

The judge will order periodic examinations to observe the evolution of the illness:

• If the illness improves to a condition where treatment can be carried out within the penitentiary, the benefit will be revoked.
• If, after the sentence has been served, the person shows no improvement, the sentence will be suspended, and the person will obtain absolute freedom.

Conclusion

Parole is a benefit and an alternative tool for serving a sentence that reinforces the resocializing objective sought by Colombian justice. There are other Administrative leave for persons deprived of their liberty that you can consult.

At Servicio Legal, your online legal support, we specialize in Criminal Law and can advise you on parole and request it if necessary. We have Expert Criminal Defense Lawyers in Colombia for your legal defense.

Contact us through our website if you want to know more about this topic: Contact Us