Mechanisms of Criminal Justice
Introduction
Due to the various background in the application of transitional justice for conflict resolution, a sufficient range of mechanisms for transition processes, which, due to their multiplicity, complexity and extension, will not be subject to deep analysis have been createdIn this writing, however, given its importance for the topic, it is necessary to enunciate and study them, even in broad strokes.
Having as its purpose the establishment of peace, social reconciliation, end the conflict or make transit to a new democratic regime, it is the need for states, the implementation of special, extraordinary and provisional policies, which respond to the specific circumstances of eachtransition through the agreement of judicial or extrajudicial components that adapt to the principles of transitional justice.
Developing
- Amnesties and pardons: According to the Office of the United Nations High Commissioner for Human Rights, the judicial provisions that result in: the viability of avoiding criminal prosecution and, eventually, civil reparation processes, againstof some people who have participated in the commission of some specific crimes.
Perpetrated in advance to the approval of forgiveness;or the retrospective annulment of the previously determined legal responsibility, on the other hand, the pardons correspond to official actions that exempt a criminal declared guilty, of the firmness of the sentence totally or partially, without suppressing the ruling on which it is based
- Criminal Justice: This type of mechanisms will be executed through full and righteous processes and judgments, against the executors of the ignominies that occurred in the development of the conflict or in the transit to the new regime, which serve as an example and warning, based on thePreventive function of the penalty, so that these atrocities do not happen again, which will be developed through the various mechanisms of criminal responsibility and convictions.
This aims to establish milestones of human rights observance, the renewal of citizenship confidence in entities that manage justice, the establishment and consolidation of social harmony and prevent the materialization of impunity. These penalties will be executed by different courts that, according to the needs and capacities of each State and responding to the particularities of each situation.
conclusion
National, in which the same State is responsible for the investigation and prosecution of crimes;International, when the State lacks the means for the investigation and prosecution of crimes by their own means, within which we find the mixed, hybrid, internationalized, ad hoc courts and the international criminal court. The latter under the principle of complementarity will act, in a residual way, given the impossibility of the application of justice by any of the other courts
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