La vulneración del debido proceso a raíz de la incongruencia fáctica entre la imputación, la acusación y la sentencia

Abstract

The investigation again addresses the long-standing issue of the incongruity that continues to arise in the Colombian criminal prosecution between the stages of imputation, accusation and sentence, which is often cohesed by the judicial operators, that in the face of evident confusion in what to the theoretical aspects of the test refers, validate abrupt changes in the threads of the case, which, in addition to surprising the indicted, are practices that are vexatious of the nuclear aspects of due criminal process and the principles that inspire the model accusatory. Despite being an issue that should be overcome, or at least should be peaceful, the "transcendent errors" that continues to be detected by the Criminal Chamber of the Supreme Court of Justice in the trial, which force to continue building judicial precedent In this regard, it becomes necessary to study in detail the principle of congruence in order to correctly apply it in the criminal procedure system that inspires the Social Rule of Law.