La Víctima en los preacuerdos y negociaciones: efectos y utilidad en la verdad, justicia y reparación

Abstract

The law 906 of 2004 incorporates the concept of pre-agreements between the office of The Attorney General of the Nation and the accused, the role of the victim is limited to the knowledge of the same, but this does not mean that it should not be heard and informed by the judicial actors for its realization. The Constitutional Court through judgment C-516 of 2007 and currently with judgment SU-479 of 2019 take into account some criterion with the possibility of an effective intervention in the criminal process to guarantee the right to truth, justice and reparation; however, although the first premise it can be obtained with great margin of certainty, compared to the last two components such as justice and reparation, if it is necessary to develop the spectrum of review for establish whether in the application of this figure in Colombia, the reestablishment of punitive justice to the victim in relation to the criminal act and in terms of reparation that does not bind for the negotiation and leaves other options for the access, especially when the criminal type does not predetermine an obligation in the economic compensation to the victim so that he is given legality.