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SOCIO-LEGAL ANALYSIS ON THE FIGURE OF CONDITIONAL SUSPENSION OF CRIMINAL PROCEEDINGS

Abstract:

The general objective of this article was to conduct a socio-legal analysis on the figure of the conditional suspension of proceedings in criminal matters in order to delimit its orientation, assumptions, purposes and usefulness. The research was approached under the qualitative approach, it was analytical, the predominant method used was the legal hermeneutic, the results obtained were achieved thanks to the triangulation of information obtained from legal texts and in-depth interviews conducted with key informants with extensive experience and expertise in adjective criminal matters. This work led to the conclusion that the conditional suspension of proceedings is an alternative procedural tool to the continuation of the process that seeks to give the defendant an opportunity to avoid a conviction in exchange for complying for a certain period of time with obligations imposed by the court in response to the specific case for the purpose of rehabilitation and social reintegration, avoiding imprisonment in a prison center in favor of criminal extinction with the accompaniment of a multidisciplinary team, turning the personal weaknesses of the suspended person into strengths. The State avoids the eventual costs of an oral and public trial.