El principio de oportunidad y el derecho de la víctima y del procesado

Abstract

The rights and guarantees established for the protection of the inhabitants against criminal offenses in a certain territory are established in regulatory bodies, so the rights of the victim and the accused against the application of the principle of opportunity offer us alternatives to end a process according to the Organic Comprehensive Criminal Code, in this sense the scope of application of the principle of opportunity in the criminal law and criminal procedure will describe criteria on the scope and application of the aforementioned principle and that it is not limited in isolated crimes or of trifle, on the contrary that the foreseen mechanism covers more possibilities of application. The principle of opportunity in criminal matters can be used to solve infractions due to the fact of permissibility, since the Prosecutor's Office can suspend an investigation initiated or refrain from initiating one, in those crimes whose sanction has a prison term of five years, it is necessary to consider the prohibitive rules for the application of the principle such as crimes for serious violations of human rights, crimes against international humanitarian law, crimes against sexual integrity, among others, for these reasons it is necessary to carry out investigative work to establish the usefulness and regulation of the principle of opportunity and the right that the victim has and prosecuted when applying it, leaving as a concern that the procedure for application may be reformed, and consider one more margin of permissibility in the environment of its application. When applying the principle of opportunity, the right of the victim and the accused have different paths, who is more favored by the application of this principle could be the administration of justice, the victim or the accused, from different points of view, Our study will focus on the application of the principle of opportunity and the right of the victims, that is, the obligation to have the presence and will of the victim to resolve the integral reparation and the defendant to comply with the compensation for the damage caused.