A little over a year ago, our Criminal Legislation created a mechanism to decongest the judicial system and achieve much shorter processes. This was done through Law 1826 of 2017, which entered into force on July 12 of the same year by means of which the Abbreviated Criminal Procedure and the Private Accuser mechanism were created.
On this occasion, we are going to refer only to the second mechanism: the Private Accuser. Through this mechanism, the inquiry and investigation stage may be carried out by the victims through their legal representatives for prosecutable charges and certain misdemeanors, such as theft, fraud, abuse of trust, cybercrimes, among others. To do this, those who demonstrate their victim status before the Prosecutor of the case may request the conversion of the investigation from public to private.
Once authorized by said official, the private accuser may carry out activities aimed at collecting the elements that constitute the evidence on the committed criminal offense, and may even go before a Supervisory Judge to request a detention measure.
With the implementation of this novel mechanism, it is expected investigation phase times will be reduced and help decongest the current burdens on the judicial police and prosecutors. In addition, at the litigation stage, the times will also be reduced with the implementation of the Abbreviated Criminal Procedure, also included in Law 1826.
At Pinzón Pinzón & Asociados, we have an excellent team of professionals to provide you with the necessary advice on this matter and represent you in case you are the victim of a crime and wish to implement the private accuser mechanism.
PAOLA ANDREA SILVA
PINZÓN PINZÓN & ASOCIADOS