Publicación:

La igualdad de armas entre fiscalía y defensa en el sistema procesal penal colombiano, a partir de la denuncia, de las audiencias de formulación de imputación, de la formulación de acusación y del juicio oral

Resumen

The main objective of this research work is to demonstrate to the reader that, as for the criminal process, there is no materialization of the principle of equality of arms vis-á-vis the defense prosecutor’s office for the collection of material evidence that can be brought to trial and with this evidence the innocence of a defendant, it will be divided into six chapters which have their schematization as well: In the first chapter we will find all the generalities of the research where the methodology we use will be exposed, such as the theoretical framework, the state of the art, among others… That served as a basis and fundamental bases for the preparation of this research project, as for the second chapter, the reader will find a jurisprudential analysis of different judgments in which the importance of the principle of equality of arms and its corresponding manifestations made by the Constitutional Court and the Supreme Court of Justice is framed, in chapter three we locate the stages of the criminal process in which the intervening entities have the opportunity to present material evidence on which they are based, materialized and supported, moving on to chapter four they will be able to analyze the different interviews that were carried out with Judges, magistrates, prosecutors and lawyers, in which we request opinion based on experience regarding equal arms in criminal proceedings. In the fifth chapter, we observe the conclusions of the interviews which evidently showed us that there is no true principle of equality of arms vis-à-vis the prosecutor's office and defense since there is no proportional economic capacity between defense and prosecutor's office to be able to collect evidentiary material elements or the organized structure of an investigative technical body and in this way we end with chapter six, in terms of the conclusions and recommendations by students regarding the research project.