El principio de oportunidad : daño físico o moral grave como aspectos de exclusión de la acción penal

Abstract

The purpose of this paper is to expose the implementation of the Opportunity Principle in the Colombian criminal system, as a mechanism that cracks the traditional structure of criminal responsibility. The Principle of Opportunity, as stated in the criminal procedure code, empowers the Office of the Attorney General of the Nation to suspend, interrupt or waive criminal prosecution, taking into account that two requirements must be met for its application, that it be known and the figure is understood and those who come in the daily practice of the figure have a change of mentality.

When talking about the application of this principle, it is kept in mind that this implementation must be subject to the fulfillment of certain specific requirements, according to the analysis of the causes of article 324 of the Code of Criminal Procedure and when considering the cause that fits to the application, comply with the requirements invoked by the causal. This is how in this writing, the study of the sixth cause of the article mentioned above will be focused, analyzing the three basic requirements that must be met for the principle of opportunity to be applied.