El principio de oportunidad como uno de los mecanismos de la justicia restaurativa en el ordenamiento juridico Colombiano vs. El de los Estado Unidos

Abstract

Inside the mechanisms of the Restorative Justice, the application of the beginning of opportunity is one of the principal forms of resolution of conflicts in penal matter in the accusatory systems, The beginning of opportunity is not only a tool to achieve the judicial decongestion, but his usefulness spreads also as a way to avoid the it victimizes, is based on a ruled discretion. Opposite of his application cannot be based on arbitrary considerations. For it, an evidential load exists and of argumentation on the part of the district attorney who requests the beginning of opportunity, which implies the adequacy of the concrete case to one of the grounds established in the article 324 CPP and parallel, a judgment of proportionality. The application of the beginning of opportunity is determined by the criminal politics of the State. For it, the juridical operator must be limited to the criminal politics established in legislative headquarters as development of the mentioned ruled discretion and in the boards of the General District attorney of the Nation