El acusador privado y la aplicación del principio de oportunidad

Abstract

The principle of opportunity, understood as the ability to interrupt, suspend or renounce criminal action, has been one of the most novel tools available in the current accusatory criminal system in Colombia, being, in many cases, a very controversial point. both for public opinion and for the victims themselves. Thus, conceptually it is understood that the principle of opportunity is applied by the owner of the criminal action, which in general terms is the Office of the Attorney General of the Nation. However, at present, there is the figure of the private accuser, regulated by law 1826 of 2017, which by converting the criminal action from public to private, grants said ownership of the action to the victim, this at the disposition and consideration of the delegated prosecutor, leaving aside the idea of the monopoly of the state regarding criminal prosecution.