Las víctimas y los preacuerdos en el sistema penal acusatorio

Abstract

In light of Law 906 of 2004, under the figures of the social state of law and the constitutional block, guarantees have been recognized, to the indicted within the criminal process and rights to the victims of the unjust, who continue to play a leading role in the search for truth, the opportune way to access justice and reparation. The new code of criminal procedure, has introduced in turn alternative mechanisms for the completion of criminal proceedings, in order to decongest judicial offices, speed up procedural actions, this study focuses on the institution of pre-agreements within what is called justice premial, incorporated not only with the aim of providing economy process, effectiveness and speed, but by fulfilling some purposes such as the prompt and fulfilled obtaining of justice, activation of the solution of social conflicts, propitiation of the integral reparation of the damages caused with the crimes, achieve the participation of the accused in the definition of their case and the most important of all, the humanization of procedural action and punishment, under the analysis of a current sentence of cassation of the criminal chamber of the supreme court of justice, which ratifies that the institution of pre-agreements is a guarantor system of rights of parties, that au nt does not allow the participation of the victims in the conclusion of the pre-agreement, this, allows through the public prosecutor or the representative of victims, the approval of the pre-agreement is challenged and in case of considering violatiorios their rights, resort to the cassation. This role implies that the Colombian criminal process is not of accusatory purity.