<p>The faculties of the victims to discuss a decision of not going to trial, in the pre-trial phase of criminal procedures, from Spain, Colombia and the United States, are compared in this paper. To accomplish that goal, using a functional approach to comparative law, first, the concrete procedural phases to be compared are identified, and then, the faculties of the victims in these scenarios are described, using each criminal procedure structure and the concept of victim in each context as frameworks. Finally, comparison is executed identifying advantages and disadvantages of each model.</p>