El ministerio público frente al recurso de insistencia en la casación penal

Abstract

When the demand for cassation when qualified by the Supreme Court of Justice is not selected, by self-motivated through which the legal reasons and the possible errors incurred by the Casacionista are exposed, being the same object of the resource of Insistence on the terms provided for in article 184 (2) of law 906 of 2004, Either by some of the judges of the room or by the Public Prosecutor's Office, the case law also states that the insistence can be promoted at the request of one of the parties involved in the process, as the same plaintiff. The importance of the Public Ministry as a special intervening in the criminal proceedings in accordance with the functions set out in article 277 of the Colombian Political Constitution in order to protect individual and public guarantees or the rights and Fundamental guarantees, To the point that the Colombian legislator attributed to him the legitimacy to bring the appeal of insistence on his own initiative, or at the request of the party with interest that the Criminal Cassation Chamber of the Supreme Court of Justice reconsiders the decision of inadmissibility of the Demand, for not meeting the requirements and budgets, to admit and decide on the merits of the appeal initially initiated, But the decision to request the recourse of insistence on the part of the agent of the procurator the Physician.