Implementación del principio de oportunidad en el delito de violencia intrafamiliar

Abstract

This investigation aims at working on the contradiction generated by the implementation of a guarantee principle in criminal procedure law as the opportunity principle related to domestic violence because the same implementation affects the rights of the family institution protected by Colombian law and its way of being. The principle of opportunity incorporated by Law 906 - 2004 is defined according to Article 323 as the power that the prosecution has to suspend, interrupt or waive the criminal action. This institution was born out of an international guarantee movement that seeks to reform the criminal judge system, which of course Colombia is subscribed. On the other hand the family appears as the other side of the contradiction, The Colombian State in its article 44 consecrates the integral protection to the family as a constitutional norm, it is reflected on the law 1361 of 2009 which establishes the family’s rights and among them the right to be out of any conflict, we also have international treaties which ratify the Colombian State as guarantor of the family institution. The Colombian State, in its normative development allows to apply the principle of opportunity to the crime of domestic violence, so that we consider that it is violating the family’s rights. After consulting writers, in the law and jurisprudence, gathering an interpretative analysis of the previous documents and data from institutions such as the prosecution we conclude that the violation is manifest and must be curbed to preserve such an important institution as the family. The investigation launch worrisome results for the integrty of the family and allows to expose prespectives of solutions.