Principle of opportunity and criminal policy of the state: legal insecurity in Colombia

Abstract

Colombia does not have a structured and defined Criminal Policy; on the contrary, the only thing that is found with respect to this theme are varied statements of the Constitutional Court, which make it possible to clarify that all those materialized measures, especially in penal, penal process, and prison legislation; such as categorization of crimes, behavior modification, increase of penalties, among others; are Criminal Policy. Now then, the objective of this article is to convey the legal insecurity which involves subjecting the Principle of Opportunity to a State Criminal Policy which does not enjoy solid bases, even more so when the application of this Principle involves broad legalconsequences. We make it clear that this article is part of a dissertation thesis titled “Principle of Opportunity in Colombian Criminal Law” as a requirement to qualify for a law degree