Legitimate trust and the right of defense in the execution of pre-agreements with the Prosecutor's Office.

Abstract

When the Attorney General of the Nation in a proceeding against a constitutional appointee does not accept the negotiations between a delegate of his and an accused who complies with all the requirements imposed by him, it is not viable to decree the nullity of the proceedings either from the moment in which the Prosecutor declines the commitment that he had acquired or from the hearing of the formulation of the indictment; Instead, a scenario must be enabled prior to the indictment hearing so that the defendant can accept the charges based on the criteria set forth in Article 8(I) of Law 906 of 2004. The defendant may accept the charges based on the criteria set forth in Article 8(I) of Law 906 of 2004, provided that it is a free, conscious, voluntary and duly informed manifestation by the defense, with the possibility of granting the reduction of Article 351(1) of the same law.