Análisis del criterio de menor lesividad en el procedimiento penal especial abreviado

Abstract

Law 1826 of 2017 creates the abbreviated criminal procedure, in order to decongest the judicial system. To do this, it selects certain crimes using the criterion of least harmfulness, considering them from this criterion, minor crimes, but very frequent in Colombian society. Based on the criterion mentioned, the law indicates some crimes whose prison sentences can exceed 16 years in prison, which is why the author of this document is questioned about the categorization of less harmful crimes, because at first sight that minor harmfulness of which one speaks, it is not seen at all reflected in the penal sanction that can get to carry these infractions. Dr. Francisco Bernate, lawyer and specialist in Criminal Law, generously shares his point of view to the present project, in what refers to the "principle of harmfulness in light of the law 1826 of 2017", from some questions that it was carried out and concluded by him, his discrepancy in some aspects of the abbreviated criminal procedure, related to the research topic. Likewise, there is evidence in the special procedure of an inconsistency in the crimes that were selected, since, for example, in the case of the crime of theft, the majority of the types of conduct defined in the Criminal Code were included, but left out 5 of its modalities. In the fieldwork carried out with the inmates of the La Modelo de Bogotá prison, it is concluded by the same offenders of the norm, that the robbery modalities discriminated from the abbreviated criminal procedure, are less harmful for the victim, conclusion that fits with the argumentative line that had already been working.