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Opciones para el mejoramiento de la aplicación del principio de oportunidad dentro del sistema penal acusatorio en Colombia
| Content Provider | Semantic Scholar |
|---|---|
| Author | Meneses, Jehimy Alexandra Ramirez Paola, Puentes |
| Copyright Year | 2012 |
| Abstract | Colombia is a country that has never been a producer of legal initiatives, which has led it to the implementation and monitoring of European and American currents. Over the years, Colombia has been a faithful follower of current foreign jurisprudence, with the adoption of the mixed procedural system with inquisitive trend, whose most important characteristics, such as public power to administer justice through prosecution, the state monopoly to pursue that action and responsibility for their servers to initiate criminal proceedings in the same time an event happens that merits offense and required direct action by them, if that were omitted from these officials should be sanctioned face That obligation lasts throughout the process until your reach the natural order or ruling. The inquisitive nature of procedural law in Colombia is subject to the production of the figures of the complaint or criminal conciliation, whose main goal is to serve as moderators of the same and therefore must be strictly regulated by laws that constrain operation to avoid subjectivity in both particular and judicial implementation. Also, given the high foreign legal influence, Colombia is expected to join the chain of penal reforms that have taken place in many developed countries and whose aim is to immerse it in a procedural system laxer and less inquisitive, which shall provide judicial power efficiently. Thus we reach the issue of Legislative Act 003 of 2002 and Law 906 of August 31, 2004 that contains the new Colombian Criminal Procedure Code. We must say that this legislation is inspired by the vast respect for human rights, especially the right to freedom, on the presumption of innocence, in the shelter of a genuine right to defense governed by due process, which will be transacted from its enforced under the adversarial procedure with an oral and public trial where justice through the court decree guarantees and practice trials, so that by this means the defendant take the appropriate defense to refute the prosecution and the prosecutor present the evidence to pass a sentence which constitutes true prompt and effective administration of justice which will love the community and restore the balance that it had broken with the initiation of criminal investigations. That is why, in this document covers all aspects analytically related to the implementation of the principle, ranging from the legislative in the first part, to its analysis in Latin America, emphasizing the case of Colombia, to conclude with the corrections should do to lower their handicaps and make more efficient implementation. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.unilibre.edu.co/bitstream/handle/10901/5720/RamirezMenesesJehimyAlexandra2010.pdf;sequence=1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
