La responsabilidad patrimonial subsidiaria del estado en el proceso penal y el tercero civil

Abstract

This paper analyzes whether if the third party civil in the criminal proce-eding is the ideal mechanism to guarantee the victims’ right to reparation in the proceedings for crimes committed by agents of the State in the exer-cise of public functions or positions, in the context of the legal systems of Colombia and Spain outside the mechanisms of judicial control, like the action of direct reparation that establishes the jurisdiction of the adminis-trative contentious. The article determines that, although the appropriate procedural figure for the State’s involvement in these criminal proceedings is the third civilly responsible, like the author of this academic article de-fend, in the Colombian legal system that institution cannot be applied. In the end, a proposal is made on the matter.