Publicación: Implicaciones Procesales y Probatorias de la Ley 1826 de 2017 en la justicia Penal Colombiana
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In Colombia, the constitution exposes the test as a fundamental right, within the scope of the Right to Due Process, thus generating a basis for future regulations that act within the framework of the constitutionality block; reflecting on the importance of the principle of equality of arms, which recognizes the possibility for both parties to participate in the probative exercise, the victim usually has a small intervention in these proceedings due to the responsibility of the Office of the Attorney for the protection and management of reparation of the rights and as of the evidentiary burden, seeing this work in almost null in some occasions, distorting the private investigative work that the victim could have advanced. In the same way, the Code of Criminal Procedure develops the evidence, its legality, classes, means and its handling in the investigation stage and within the process, covering this subject in a broad and complete manner, as well as the legality, chain of custody, intervention in the process, among others. This before the modifications that follows with the Law 1826 of 2017 that establishes the Abbreviated Criminal Procedure and regulates the figure of the private prosecutor which modifies different articles of the criminal procedure in relation to its stages and the subject in development of this investigation - The Test, adds parameters in order to adapt the previous budgets to this new procedure, which entails, for being such a recent normativity to the existence of emptiness and imperfections for its application being thus perfect for the study and analysis without the object of distort or criticize it; but on the contrary in seeking to expose measures by which it can be given effective compliance in order to comply with the principles of criminal law and the objectives pursued, such as: judicial decongestion, impediments to the scope of justice (impunity ) and effectiveness in the processes of crimes of lesser harm to private interests.