EL PROCESO PENAL DE TENDENCIA ACUSATORIA: ENTRE LA INOPERANCIA Y EL REFORMISMO.

Abstract

Despite the fact that the Law 906 of 2004 was created in order to implement a full criminal prosecution system of guarantees, that is, of parties, based on the principle of freedom, on the presumption of innocence, equality of arms, the separation of functions between investigation and judgment, among others. However, the truth is that these regulations, after multiple reforms and declarations of non-enforceability, have not had any real repercussion, and the prevailing design is as inquisitive or more than the previous one; Furthermore, impunity, judicial congestion, scripturalism, lack of resources, improvisation, politicization, corruption, to name a few, continue. This shows that the origin of the crisis in the administration of criminal justice is not only because of the existing laws, but also because of other phenomena that must be carefully examined in order to start new paths from there. This is what the present work invites to reflect on