El rol del juez de conocimiento en los preacuerdos del sistema penal acusatorio Colombiano

Abstract

Plea bargaining in Colombia, as a formula to anticipate an agreed criminal conviction, do not require clear limits for the parties, or judicial intervention in legislation; such vagueness in its regulations and in the role of the judge also becomes an instrument for disregarding the rights of the victim, who, by not observing an exemplary sanction and prevention in crime, is helpless in the face of the lack of protection of their legal assets with criminal behavior that are not defended by the State. Hence, the purpose of this work is to establish in which cases the intervention of the judge can be restricted. In response, it is proposed that from the legislation and not from the changing jurisprudence, the judge is provided with more and better tools to determine the feasibility of approving or not approving an agreement between the parties, beyond the ostensible breach of fundamental guarantees.