Essence, Limits and Scope of The Charge Bargainings Naturaleza, límites y alcance de los preacuerdos que cambian la calificación jurídica de la conducta

Abstract

In our criminal procedural system exists since 2004 ways of plea bargaining that modify the charges attributed to the defendant. If the defendants plead guilty of their crimes, they can obtain benefits like a change in the typicity of the imputed conduct. Although our accusatory criminal procedure is a bit old, the jurisprudence continues with the task of defining and specifying the scope and essence of these ways of negotiating the declaration of guilt. In this document we try to make a contribution to this task according to the constitutional and legal grounds of the plea bargaining’s, because these agreements have been explained appealing to comparative law or pragmatism, but it has been ignored that the decisions of the Administration of Justice are only subject to the rule of law, not to the operation of the processes penalties in other latitudes or to the convenience of its decisions.