Resumen

MESTRE-ORDONEZ, José Fernando. THE DISCRETIONAL DISPOSITION OF THE ACCUSATION IN THE COLOMBIAN CRIMINAL PROSECUTION SYSTEM. Vniversitas [online]. , pp.201-221. ISSN 0041-9060.

The legal reform on the Colombian criminal prosecution system has lead to the consecration of figures that imply the possibility of disposition of the criminal accusation by the National Public Prosecutor's Office. Within its function to execute the State's criminal policy and in spite of an erratic legislation, the Public Prosecutor's Office has mechanisms like the plea bargaining and the "principle of opportunity" that allow it to make convenience and effectiveness judgments in the context of the criminal persecution, beside the pertinent legal judgments. In spite of the evidence and the convenience of the previous, some sectors of the jurisprudence and the doctrine have argued against the disposability of the penal pretension and to the discretionality in its exercise, thus it is pertinent to value these characteristics and to formulate an argumentative line that justifies them from the legal and political point of view.

Palabras clave : criminal accusation; disposability; discretionality; criminal policy; plea bargaining; "principle of opportunity".

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