Is the principle of opportunity an instrument designed to decongest justice?

Abstract

This paper analyzes the figure of the Principle of Opportunity in the Colombian c r i m i n a l p r o c e s s . To s u p p o r t t h e development of the work, studies related to research are reviewed, both of an international and national nature linked to the subject and the purpose or application with which it is associated with the figure of the principle of opportunity of other countries, in order to establish some similarities and differences regarding its conception and handling in daily practice. In the same way, an analysis will be made regarding the incorporation into the national legal system and its implementation, all with the purpose of determining if the objectives for which the use of this legal figure was conceived are met; to finally present the criticisms of some authors. In general, it s e e k s t o d e t e r m i n e t h e e ff e c t i v e implementation of the principle of opportunity as a tool designed to decongest justice, if the expected results have really been achieved and if it constitutes a mechanism that allows contributing to decongestion and procedural economy and in any case which ones have been the difficulties you have encountered along the way. For this, a bibliographic investigation, documentary type, with a level of apprehension will be carried out. As an initial thesis, it is proposed that the original intention of the legislator in Colombia was to design the principle of opportunity as a mechanism that allows to decongest justice, which could obtain better results in practice provided that it is accompanied by other improvements both in the criminal process and in the authorities that are responsible for applying it.