La colaboración eficaz en el sistema penal colombiano: regulación de la causal cuarta del artículo 324 de la Ley 906 de 2004

Abstract

The purpose of this research is to develop a proposal to improve the regulation of the figure of effective collaboration contained in the principle of opportunity - fourth cause of article 324 of the Colombian Code of Criminal Procedure. To achieve this end; As a research methodology, legal dogmatics was initially applied to illustrate the content and form of the application of said figure in our penal system and thus, find the shortcomings it has when it comes to being executed. Now, as a second methodological tool, it was necessary to resort to comparative law, initially, contrasting the regulation of effective collaboration between countries belonging to Ibero-America that had an accusatory criminal system or with an accusatory tendency, then the guiding principles were analyzed. This and subsequently, a country that had better regulatory and legal development was selected, giving Peru as the country of selection. When making the comparison between the regulation of effective collaboration in Colombia and Peru, it can be concluded that our penal system has not correctly defined what can be understood as effective collaboration. Likewise, it has not been delimited how information can be included in the other processes, and the lack of extensibility of these other participants in the criminal action.