Acusador privado solución o retroceso en las garantías del acusado en el proceso penal

Abstract

With the congestion that has arisen in the indagatory stage of criminal proceedings in the Colombian legal field, it has become evident once again that what the theorists and thinkers of Colombian criminal law believe is an organizational problem, is an economic problem and that apparently the legislator for the purpose of "decongesting the tax offices" intends to free from the burden of executing the criminal proceedings on the State, transferring it or placing it in the head of the victim and of those administrative entities that by their characteristics may exercise control of the criminal action. The question about the investigative faculties of the private accuser is something that increasingly takes importance in the Colombian legal field, since it is necessary to know to what limits the accuser is sealed in order to protect the legal rights of the indicted or imputed. For Montero Aroca granting legitimacy to all citizens, even those not offended, or harmed by crime, implies recognizing that the service of general interests is not only interested in the executive power, but that all citizens can participate, and also with different views of how this interest should be better served (Principios del proceso penal una explicación basada en la razón, 1997, pág. 57), is that true?, or the State in order to dissociate itself from a responsibility that could not solve, try to get rid of it by placing it in the head of third parties.