Legal and Jurisprudential approaches to proof ex officio, in adversarial criminal procedure with an accusatory tendency in the Colombian legal system
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Abstract
The purpose of this document is to provide an approximation, from the jurisprudential and legal point of view, of the development of unofficial evidence in the accusatory adversarial criminal system, implemented in Colombia with Law 906 of 2004, in order to establish the tension between the principles of impartiality, equality of arms and legality, against the principle of material justice and in the context of the role of the judge in the process.
In fact, this is one of the arguments faced by those who administer justice and those who come to it to resolve social conflicts, in which it is evident that the construction of an accusatory system is an unfinished and constantly evolving process. For this it is necessary to address not only a merely legalistic concept, but it is necessary to gather in the very philosophy of the accusatory criminal system and the realities in which it is applied, to fulfill the social tasks for which it was created.