El principio de oportunidad frente al delito de violencia intrafamiliar en Colombia: ineficacia desde la perspectiva de politica criminal y protección a las víctimas

Abstract

This research is a normative, doctrinal, and statistical study with a critical legal-empirical approach aimed at analyzing the effectiveness of applying the principle of opportunity as a criminal policy in the context of domestic violence and the role victims play in this instrument. To do so, it was necessary not only to review the constitutional principles, criminal law, and jurisprudence, but also to compare them with data provided by the National Institute of Legal Medicine and Forensic Sciences, the Ministry of Justice and Law, and the National Police, thus obtaining a much broader picture. It was evident that although the main intention of applying this principle is to decongest the justice system, the reality is that domestic violence has increased in Colombia's recent history, which is worrying for authorities and the community. This exposes its ineffectiveness as a response to these highly harmful criminal behaviors and calls for the development of other criminal policy strategies that do not pose a latent risk to victims' rights. The application of the principle of opportunity in contrast to the constitutional protection of the family unit by prioritizing criteria of procedural efficiency tends to border on the concept of impunity and, in that sense, on the violation of the rights of women and children, who are often victims of this type of crime. Thus, in principle, a strengthening of the oversight carried out by the judge responsible for controlling guarantees is required, establishing risk assessment protocols before the approval of this mechanism, since it is not designed in itself to effectively prevent and eradicate the phenomenon of domestic violence. This is accompanied by an expansion of the restrictive criteria and a special emphasis on comprehensive support and protection for victims.