Los preacuerdos penales con circunstancias de menor punibilidad del Artículo 56 del Código penal, sin base factual, en el ordenamiento jurídico Colombiano.

Abstract

With the establishment of the adversarial system in Colombia, the procedural instrument of plea bargain was introduced. It permits the Attorney General's Office and the accused to end criminal proceedings in exchange for an acceptance of responsibility. However, the inclusion of the circumstances of lesser punishability presented in the article 56 of the criminal code (Law 906, 2006) (marginality, ignorance, or poverty) resulted in the broad punitive discount. Generating a huge debate in the Constitutional Court jurisprudence and the Supreme Justice Court jurisprudence, especially about the duty to evidence juridically relevant facts and the characterization of the offense within plea bargain are suitable. This position was imposed by the Constitutional Court in a jurisprudence unification pronouncement. In fact, the Supreme Justice Court, said demonstrative duty should only be required in the characterization from the offense about the presented facts in determined case, in the application of the principle presumption of innocence, and not based on the legal qualification take it as a reference to reach a plea bargain, which allows the reduction of the penalty and the alternative of receiving a criminal proceeding.