The incorporation of the theory of the legal good in the new constitutional order. An analysis of its links with the abbreviated procedure.

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Keywords

Exercise of the criminal action
private prosecutor
abbreviated procedure
principle of harmlessness
theory of the legal property

How to Cite

The incorporation of the theory of the legal good in the new constitutional order. An analysis of its links with the abbreviated procedure. (2017). Cuadernos De Derecho Penal, 18, 31-53. https://doi.org/10.22518/jour.cdp/201718ID935

Abstract

This article makes a political-criminal analysis of criminal law as ultima ratio, with a criminal procedural approach in relation to the abbreviated criminal procedural; this is achieved thanks to a general study on the theory of ´Legally protected interest´ that is grounded in the specific problematic of the formation of laws. In addition, it examines the antecedents of the incorporation of the abbreviated procedure and the private accuser to the Colombian Constitution and Law, for which purpose - and from a utilitarian perspective - it makes a comparative analysis of the national regulations with the Spanish and Chilean legislations.