Derecho penal: de lo inquisitivo a lo acusatorio

Abstract

This article seeks to publicize the transformation that the criminal process has given throughout history, going from an inquisitive system to an accusatory system like the one that is developed today, through a theoretical sample that collects information from data of great thinkers such as Luigi Ferrajoli and Cesare Beccaria, the father of guarantees, also several teachers and thinkers of Colombian criminal law, in order to identify the differences between these two positions, concluding that the system offers more procedural guarantees and what have been its modifications through history until reaching the current penal system.We will analyze how in the average age, the judicial process was applied, the inquisitive process, in which, all the power fell to a single person who was in charge of carrying out the criminal procedure from the beginning to its end, instructed, accused and judged ; And that with the appearance of new revolutions guarantees for the accused would arrive, with it we observe that the inquisition is going to another plane to open the way to the guarantee and thus to act under a division of work that precludes the excessive concentration of power, which later will lead the judicial body to practice under a criminal prosecution system with accusatory tendency where the accused is an essential and active part in the process.