El fiscal y la negociación en los sistemas penales acusatorios de Colombia y Estados Unidos

Abstract

"The following pages identify study of Comparative Law in the context of Prosecutors and negotiation they perform in two countries: Colombia and the United States of America - USA. In this regard, asked the question: WHAT IS THE NEGOTIATION OF THE PROSECUTOR IN ACCUSATORY CRIMINAL SYSTEMS OF COLOMBIA AND THE UNITED STATES OF AMERICA - USA? It addressing the above question is left to examine the Colombian legal context and then compare this evidence with the complex US regime. As a result it was possible to infer, first, that the negotiation of the Prosecutor in Colombia, according to Law 906 of 2004 - Code of Criminal Procedure, is called ""preliminary agreements and negotiations between the Prosecutor and the accused or defendant""; and on the other, in the United States, called ""Plea bargaining or allegations prearranged plea."" It is concluded that these legal institutions of negotiation are relevant, as it pertains to the criminal policy and criteria for assuming the current criminal problem of these two countries; because it is enormously influential in the sanctions regime and promote judicial systems that contribute to the prevention and reduction of the rate of prison overcrowding and equally, decongestion of the judicial offices"