Variación de la calificación del tipo penal según ley 600 de 2000 y ley 906 de 2004

Abstract

By looking in the legal Fieldof criminal proceedings Colombian especially the Code of Criminal Procedure Law 600 of 2000 in comparison with the law 906 of 2004, we find a legal concept that changes the traditional context of the Constitution of 1991, set in a state social guiding principles of law and fundamental rights that are subject to the respect of human dignity, faced a mixed inquisitorial and adversarial justice system that takes full strength as reflected in Article 404 of the C. of PP, where it is allowed ignoring the legal security of measures, firmness and enforceability, considering that the issue is framed in this article allows after having discussed, can modify the legality of the indictment, and this can be in step of judgment, of what is called variation provisional legal classification by the plaintiff or the prosecutor's own trial judge, without that it can be invoked by the accused or affected, a situation that in light of the right no criminal constitutional guarantees of due process and mainly to defense of the accused principles