Increase of the criminal sanction for domestic violence offences

Decision C-368 of 2014 Increase of the criminal sanction for domestic violence offences.

The Colombian Constitutional Court considered that a special protection should be provided to family and specially to those who, due to a specific situations, are more vulnerable and need enhanced protective measures. The Court pointed out that the family unit should be preserved, among others through the State’s implementation of sanctions in accordance with Article 42 of the Constitution. Therefore, the State is obliged to establish an arsenal of legal provisions that make it possible to investigate and punish any kind of domestic violence. To that end, the legislator has the power to criminalize the various forms of violence that affect the family unit and the legislator can increase the sanctions for domestic violence offences established in Article 229 of the Criminal Code, as amended by Article 33 of Law 1142 of 2007.