Examinando por Autor "Pulecio Ospina, Stephany"

Mostrando 1 - 1 de 1
  • No hay miniatura disponible
    Ítem
    Reflexiones en torno de la acusación privada y el procedimiento penal abreviado
    (2018) Pulecio Ospina, Stephany; Mendieta Sepúlveda, Natalia; Tamayo Patiño, Francisco Javier
    In Colombia, law 1826, established a criminal abbreviate procedure and included the possibility of a private prosecutor with the power to pretend from the criminal responsible a full compensation of damages -- For this purpose, the above referred law, confirmed that the private accuser (figure subject of study in this paper) has the power to formulate a claim of fully compensation inside the special criminal abbreviated procedure -- The above mentioned norm prescribed that i) the private prosecutor claim of fully reparation must be incorporated in the transfer and presentation of the paper of charges, inside the special abbreviated procedure, ii) the private prosecutor must discover, enunciate and request the evidence that he pretends to make valuable to demonstrate his pretension in the same procedural terms and opportunities previewed in the special abbreviated procedure, and that iii) the judge will condemn the criminal responsible to pay the damages caused with the punishable conduct according to what is confirmed in trial in his verdict -- However, the establishment of the possibility to present an integral repairing claim in the abbreviated criminal procedure from the private prosecutor is far from leaving a clear panorama about its efficiency, application, effects and harmonization with the dispositions that are still on force in law 906 of 2004 -- This work aims to provide some tools for the authorities to develop and fix some problems and discuss better ways to attack the judicial congestion