Los límites de la aplicación del principio de oportunidad y los beneficios punitivos otorgados a las FARC-EP

Abstract

The principle of opportunity has been understood as an institution that allows the fiscal entity or the public prosecutor (as it is called in other countries) to suspend, interrupt or desist from the mandatory exercise of criminal action; therefore, Law 906 of 2004 provides for a wide catalog of causes that enable the Public Prosecutor’s Office to define in which events that figure comes from. However, in the development of this work it is noted that the most important limits to its application correspond to the impossibility of applying it, when the criminal investigation falls on crimes against humanity or serious violations of human rights and international humanitarian law. In this context, here, after highlighting the aforementioned controls, the punitive and procedural benefits granted to members of the FARC-EP on the occasion of the end of the armed conflict are put into context, from which it is sought to spe-cify If the so-called New Final Agreement with that grouping, respects or does not respect the limits in the application of the principle of opportunity.