Private Criminal Action and its implementation in Colombia.

The exercise of criminal action may be undertaken by the State, the social cluster, or a person who has suffered harm as a result of the crime. The latter possibility, called private action has been taken recently in Colombia through constitutional reform. Based on the foregoing, this article review...

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Bibliographic Details
Main Author: Chaves Peña, Edwin Manuel
Format: Article
Language:English
Published: Fundación Universitaria Los Libertadores 2013
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Online Access:http://dialnet.unirioja.es/servlet/oaiart?codigo=4707865
Source:Revista Via Iuris, ISSN 1909-5759, Nº. 14, 2013, pags. 167-185
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Summary: The exercise of criminal action may be undertaken by the State, the social cluster, or a person who has suffered harm as a result of the crime. The latter possibility, called private action has been taken recently in Colombia through constitutional reform. Based on the foregoing, this article reviews the history of the concept of criminal action and the alternatives that emerge regarding its ownership. We also study the legal nature in national legislation has had the criminal and procedural intervention possibilities that have been granted to victims of crime in the last three Codes of Criminal Procedure and the judgments of the Constitutional Court more representative on the subject, up to the consecration of the private prosecution. Having established this, I will analyze the bill project that is currently being under examination in the House of Representatives by which is looking to regulate such institution, in order to describe its scope and to identify its gaps.