¿Cuál es la Importancia de la prueba en el sistema penal oral acusatorio colombiano?

Abstract

The present investigation is a reflection of the balance that must exist in the application of the principle of equality of arms in evidentiary matters as a guarantee of due process in the Colombian accusatory oral penal system in the city of Barranquilla, a guarantee that must be reflected in reality in the material and legal resources in the procedural parts seeking balance to reach a fair and equitable trial. This work starts from considering to what extent in the new Accusatory Oral Criminal System there is equality of arms between the Prosecution and Defense procedural parties, after interviewing law students, qualified lawyers, criminal lawyers, non-criminal lawyers and public defenders. to review the existing doctrine highlighting the value of Colombian jurisprudence to conclude that equality of arms is not being given as it should be, in the procedural instances in the city of Barranquilla. The general objective of this investigation is to determine if in Barranquilla there is a balance in the application of the principle of equality of arms in evidentiary matters as a guarantee of due process in the Colombian accusatory oral criminal system in the period from January 1 2021 to January 31. of 2022. The methodology of this research has a descriptive-comparative and qualitative framework. The collection of information was done with surveys and from there the information collected was analyzed. In this case, the information is compiled in the survey formats answered by 112 people, including law professionals, law students who have knowledge of the subject under investigation; In addition, secondary collection sources were used based on information obtained from rulings of the high courts, regulations, doctrine and research reports to collect information from them that allowed us to solve the problem posed.