The criminal integral organic code and the procedure of the abstention opinion before the abandonment of the victims.

Abstract

The objective of the study is to determine the violation of the conventional, constitutional, and procedural guarantees of the victims, through the application of the third paragraph of article 600 COIP; Therefore, an abstention opinion must be presented when the crime has a sentence of less than fifteen years in prison and there is no private accusation. The methodologies used were analytical, synthetic, inductive, deductive, as well as the expert method, documentary analysis, interview, and survey. The investigation concludes that with the abstentional opinion of the prosecution for infractions with sentences of less than fifteen years, the right to challenge and effective protection is violated. This makes it impossible and conditions the judge of criminal guarantees to be able to assume a criterion that does not belong to him.