Anti-crime package and the criminal non-prosecution agreement

the search for the dejudicialization of criminal justice

Abstract

The theme proposed in this course conclusion work deals with the non-prosecution agreement created by the National Council of the Public Ministry through Resolution 181/2017 to find out if the path that follows is viable and constitutional, seems to be of great interest for the study of criminal agreements, assessing whether the CNMP has the legitimacy to establish such rules. Delimiting the theme, the study will try to analyze the principle of obligation of the proposed action, through an inductive method, which establishes that the Public Ministry, subject to compliance with legal requirements, is obliged to propose criminal action. In addition, we understand that in our legal system, only a judge after the execution of the persecutio criminis can grant a pardon if he considers that there is sufficient evidence to convict the defendant.