Justicia negociada en la aplicación de la figura del plea bargaining en comparación con el principio de oportunidad

Abstract

The new paradigm offered by the incorporation of the accusatory criminal system in Colombia with the entry into force of Law 906 of 2004, offers new challenges, among them, is to structure a legal theory that develops in this new role of criminal law. So that the present text will develop the figure of the Opportunity Principle in comparison with Plea Bargaining. The purpose of this document is to develop a comparative theory of national law, which has Civil Law characteristics that refer to continental or legislated law and common law or customary law, having as a central point of this comparative analysis the principle of opportunity, in Its concept, application and incorporation into Colombian criminal law. With this task the figure of the Opportunity Principle with its counterpart in the American Plea Bargaining case is compared from the historical, theoretical and procedural.