Abstract

MORENO MENA, Jonny Emilia. El principio de oportunidad en el sistema penal y su relación con la paz en el marco de una política criminal de corte garantista y del posconflicto en Colombia. Rev. Jur. Der. [online]. 2024, vol.13, n.20, pp.205-228. ISSN 2413-2810.

Abstract: The purpose of this article is achieved, to the extent that, from the investigation of the principle of opportunity in the penal system, it shows its relationship with the construction and achievement of the supreme value of peace, defining this principle as a regulated and discretionary mechanism. , granted by the Constitution itself to the Attorney General of the Nation, to renounce, interrupt or suspend the criminal investigation, in consideration of an established criminal policy, and subject to legality control by the guarantee control judge, considering that this These types of concessions pursue the efficiency and effectiveness of the system, the decongestion of the Administration of Justice, avoiding the harmful effects of short sentences and prompt reparation to the victims, which could contribute to the construction of stable and lasting Peace, within the framework of a social State of law. Methodologically, an investigation was approached with a qualitative approach, a descriptive documentary modality, with a non-experimental bibliographic research design, using documentary observation. The investigation was divided into four main sections: the first, explains the Opportunity Principle in the Colombian legal system; the second describes the fundamental right to peace in Colombia; the third, interprets the postulates of criminal policy and the post-conflict in Colombia. The final section is devoted to the general conclusions of the reflection article

Keywords : Principle of opportunity; principle of legality; peace; criminal policy; criminal action; applicability; post-conflict.

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