Peritaje psicológico y decisiones judiciales en el sistema penal acusatorio colombiano

Abstract

From the constitutional scope of the law, the test consititutes a fundamental sense in the judicial process. Based on this idea, we intend to address in this document, a conceptual review of the main components of the psychological expert activity in Colombia. Here we present an approach from the regulations that are based on the new code of criminal procedures to its structure as an expert report or evidence in judicial courts. Subsequently, we emphasize the methodology approved by the National Institute of Legal Medicine and Forensic Sciences , along with the guidelines and protocols of forensic psychology as support in the cases as indicated by the law - based on the evaluation in scientific support in the criminal system hearings, psychologists have the moral and ethical function of sharing the results of the requested, without bias. This is whether the psychologist is connected with the prosecution or defense, Finally we present a panoramic comparison of the role of the psychologist in the public or private area of the state. where one of the main radical differences in the access that private experts have to specialized psychological tests, more time for the development of relationships, among others; differentiating the two opposing reports.