El rol del Ministerio Público de Cara al Sistema Penal con Tendencia Acusatoria En Colombia

Abstract

In Colombia, our criminal procedure system has an accusatory tendency, since it does not propose a pure adversarial model, while in addition to the procedural subjects such as the accusing entity executing the ius puniendi, the defendant with his respective defender either trusted or attached to the Public Defender's Office and the Judge as an impartial figure who administers justice; The representative of victims in defense of these particular interests and the agent of the Public Prosecutor's Office as representative of society and guarantor of fundamental rights are also part of the process as interveners. Faced with this last special subject, it has been considered that it generates an imbalance in the principle of equality of procedural opportunities. Address this problem based on the similarity of the Public Ministry with others from the essence that grants constitutional powers with a historical panorama, the evolution of the Public Ministry over time and its current structure to reach the current transversal role in the development of the process in our criminal regulations; It will allow us to conclude a critical vision to respond to this debate.