Viabilidad en la Implementación de un Sistema Penal Diferenciador para los Inimputables en Colombia

Abstract

The current Colombian penal system is diversified into three procedures, which have significant differences among them; however, they each have stages that develop with certain similarities. In this context, this text considers whether it is possible to make modifications to the current procedures, and what their scope and effects would be. It primarily analyzes the need to introduce a preliminary hearing to assess the mental health (and criminal responsibility) of accused individuals, in order to avoid extending the case into a lengthy and cumbersome criminal process that requires completing all stages or hearings. Instead, it considers proceeding with the early termination of the process at the preliminary hearing, or directly moving to a combination with the abbreviated criminal process, in which both the concentrated hearing and the oral trial are completed, or preserving the nuances of the accusatory penal system and proceeding directly to the oral trial.