Preagreements and unilateral acceptation in Law 906, 2004, Main restrictions and their justification

Abstract

In this article it is stated that a group of restrictions deserve autonomous treatment which contributes to understand Colombian accusation system, since such restrictions are in agreement to constitutional clear purpose, and in addition they may be organized into categories which facilitate their comprehension and practical enforcement. In addition, the extent of such limitations have been defined and interpreted by resolution of the Supreme Court of justice – Criminal Court, and therefore, a review of the most important judgment on this matter contributes to proper drawing of such pluri-mentioned restrictions. Therefore, the legal problem approached in this article consist of defining the main limits to pre-agreements and acceptation of charges in the dynamics of the Colombian accusation system, organized in categories, and supported on the main resolutions of criminal jurisprudence on the matter, and likewise, discussing on justification of such limits. In summary, the article demonstrates that the group of limits to freedom of parties in exercise of methods for early termination of the criminal proceedings, is related to compliance with essential purposes of the criminal proceeding within the framework of the Political Chart, and in addition it contributes to organized, on categorized basis, actions fields which may not pass over the parties when they appeal to these means of rewarding justice