Plea bargaining: legality, legal fiction and reduction of the penalty

The pre-agreements, as assistant justice in Colombia, do not respond to the principles of strict authenticity or MFIS, and less respect for the rights to truth, justice and the reparation, because through the incorrect use of the fiction legal criminal conduct perpetrated by the offender to achieve...

Descripción completa

Detalles Bibliográficos
Autor Principal: Peña Bernal, Jhon Fredy
Formato: Artículo (Article)
Lenguaje:Español (Spanish)
Publicado: Instituto de Ciencias Penales y Criminológicas 2020
Acceso en línea:https://revistas.uexternado.edu.co/index.php/derpen/article/view/6821
Descripción
Sumario:The pre-agreements, as assistant justice in Colombia, do not respond to the principles of strict authenticity or MFIS, and less respect for the rights to truth, justice and the reparation, because through the incorrect use of the fiction legal criminal conduct perpetrated by the offender to achieve the reduction of the penalty, especially in cases against criminal organizations, becomes blurred when the law corresponds to a treatment different to agree upon the benefit. Therefore, the change in jurisprudence from the Supreme Court position, is necessary so the pre- agreements respect legal and factual allegation that is carried out in accordance with the reality of procedural, and professing respect for the guiding principles of the ordering criminal and victims’ rights.