Abstract

HERNANDEZ YEPES, Ofelia  and  GOMEZ AGUIRRE, Doris. The principle of opportunity in culpable homicide and injuries in traffic accidents. Justicia Juris [online]. 2013, vol.9, n.2, pp.47-64. ISSN 1692-8571.

With the 906 law of 2004, new penal system, the so-called principle of opportunity, which is conceived as a waiver by the State through the Attorney General of the Nation to institute criminal proceedings for certain criminal conduct was consecrated. Subsequently, the Congress of Colombia , issued Law 1312 of 2009 by which 323 article of the accusatory penal system was reformed, without the inclusion in such offenses punishable conduct homicide and Personal Injury in the previous legislation, such as the 600 , 2000 , a criminal action is extinguished by full compensation. This means that in the new system, those punishable conducts although they can be reconciled through civil action, behaviors can be prosecuted until final judicial act occurs as is the sentence. So, there is a likelihood that subjects are called to respond with their goods including as directly responsible, refrain to compensate the damages caused, and jamming criminal jurisdiction. This article aims to prove the need for the regulatory body force in criminal procedure as indeed is the Law 906 of 2004, new penal system, regulate or allow so-called principle of opportunity for homicide and injury willful personal simple.

Keywords : accusatory principle of opportunity; punishable offenses; homicide and Personal Injury extinction of the criminal prosecution system.

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