La intervención del tercero civilmente responsable en el proceso penal acusatorio colombiano a partir de la Ley 906 de 2004

The third civilly responsible is a legal figure that the legislator in the law 600 of 2000 contemplated as an active part of the process, therefore, its presence in the litigation was given throughout the procedural stage, a situation that changed definitively with the law 906 of 2004, which limited such participation under two conditions, the first one, after a conviction duly executed, and second, invoked the so-called reparation incident, a situation that for the third party responsible civilly is negative and violates procedural guarantees, since in the criminal process relevant aspects can be discussed that directly and indirectly affect the third party and that because of the normative provision contained in law 906 of 2004, can not refute or controvert. In this investigation an analysis will be made regarding the regulation of the figure of the third civilly responsible party that rests so much in the current criminal procedure, Law 906 of 2004, which incorporates into the procedural system the orality with an accusatory tendency in Colombia, against the guarantees that for the third they rule in the system of Law 600 of 2000; will be exposed the marked differences in terms of the minimum constitutional requirements that should guide any judicial action and that derive from a poor regulation of the process of the integral reparation incident, added to the obscurity in the application of penal or civil norms regarding the integration normative refers, according to which, in matters not regulated in the adjective legislation, those of the Code of Civil Procedure, today the new General Code of the Process, are applicable. In the present research work an analysis is made of the procedural institution of the third civilly responsible and the manner in which its participation in the Colombian accusatory criminal system is regulated, introduced through the Legislative Act 03 of 2002, legally regulated in Law 906 of 2004 and other modifications introduced especially with the issuance of Law 1395 of 2010.