Análisis funcional de los preacuerdos en el sistema penal acusatorio Colombiano

Abstract

In the Ad-hoc work we will highlight a functional analysis of one of the tools that the Colombian accusatory criminal system provides as an alternative to the oral trial, these are the pre-agreements, taking as a reference the comparison with the American Criminal Law, identifying as exegesis of This comparative work narrative that recognizes the design of the oral system of the Colombian Criminal Procedure based on the structure that the normative Anglo-Saxon constituted. To do this, the following work will describe a brief conception of the pre-agreements as a tool of the Colombian Accusatory Criminal System in order to meet the needs of the public reality, limited by the guiding principles of said legislation and the weight rights that Assist the victims. Consequently, an approximation will be developed to the comparative law envisaged in the present work, as they are, the foundations and principles on which the American Criminal System develops negotiation in criminal justice, as well as a small outline of its formal structure, in response Of a given context for its construction.Next, in relation to the above explanation, in detail, the notion of pre-agreements in the Colombian Justice, as well as its foundations and its own structure in the Criminal Procedure, will be elucidated. Not without first pointing out a brief reflection on the jurisprudential results that the high courts have pointed out in this regard, taking as a transversal line the role of criminal policy developed in our country