Línea jurisprudencial en materia de derechos de la víctima como interviniente especial (sala de casación corte suprema de justicia)

Abstract

This trial studied the jurisprudential line, on the rights of the victim as Special intervener the Appeal Chamber of the Colombian Supreme Court of Justice. Thus, he analyzed the concept of crime and its antithesis human dignity, inasmuch as the latter is recognized with the meaning of respect and honor for all human beings, especially for the victims; persons to whom, the penal system with accusatory and adversarial trend, considers special speakers, in contrast with the principle of equality of arms with the accused, charged and/or processed, which calls Parties to the criminal proceedings. Finally it was concluded that there are two well defined in the Appeal Chamber of the Supreme Court positions; the first is of most judges, that based on the formal logical syllogism, proposed as major premise, the exegetical interpretation of the legal text; then the minor premise is the particular case; and they conclude with the Cassation, which is limited to compensation for the damage and therefore the victim cannot attempt actions that worsen the situation of the offender. The second position of the board is teleological, she appealed rescue Magistrates of voting, estimating the purpose of the victim and constitutional precedent, which is not confined only to get compensation for damages, but to guarantee fundamental rights, aiming to achieve truth, justice, reparation and non-repetition.