Eel debido proceso en el sistema penal acusatorio colombiano

Abstract

Due process as the cornerstone of the Social State of Law, is aimed at serving society and being a guarantor of the observance of the fullness of the legal system, as it contains the necessary ethical and legal guidelines to support concrete procedural guarantees; however, in the area of ​​evidence of criminal logic, conflicts of legal property are systematically presented because due process has often been interpreted as a limit to laws and legal procedures; This interpretation is controversial, and is analogous to the concept of natural justice and procedural justice used in other jurisdictions. The relationship between the principle of legality and the law reserve is generally established, in a democracy in the so-called legal system and receives special dogmatic treatment in criminal law. In view of the fact that the State, through the Power or Judicial Branch, takes control and decision regarding conflicts that have to do with the interpretation or violation of the law and that of such conflicts a person may be sanctioned or injured in its interests, it is necessary that in a rule of law, any judicial sentence must be based on a previously processed legal process that guarantees in equality the prerogatives of all those who act or have a part in it. Therefore, sentences issued without prior process are prohibited. This is especially important in the criminal area.