THE DISCRETIONAL DISPOSITION OF THE ACCUSATION IN THE COLOMBIAN CRIMINAL PROSECUTION SYSTEM

The legal reform on the Colombian criminal prosecution system has lead to the consecration of figures that imply the possibility of disposition of the criminal accusation by the National Public Prosecutoris Office. Within its function to execute the Stateis criminal policy and in spite of an erratic legislation, the Public Prosecutoris Office has mechanisms like the plea bargaining and the iprinciple of opportunityi that allow it to make convenience and effectiveness judgments in the context of the criminal persecution, beside the pertinent legal judgments. In spite of the evidence and the convenience of the previous, some sectors of the jurisprudence and the doctrine have argued against the disposability of the penal pretension and to the discretionality in its exercise, thus it is pertinent to value these characteristics and to formulate an argumentative line that justifies them from the legal and political point of view.