Facultad que tiene el juez penal colombiano en la aplicación del principio de congruencia en las decisiones judiciales que son adversas a las peticiones del ente investigador

Abstract

This essay presents an analysis of the way in which the judge of knowledge can issue a sentence based on the facts and evidence available to him in order to resolve a problem of a criminal nature which affects the victims of certain punishable conduct. , which in turn empowers it according to the jurisprudence emanating from the Supreme Court of Justice to deviate from the principle of congruence of which article 448 of the Code of Accusatory Criminal Procedure - Law 906 of 2004 refers and on the other hand may enter condemn or acquit the defendant even if the prosecution presents a written acquittal; All this is done by virtue of the role that the judge must interpret after the systematic affectation to the rights of the victims generated by the untimely action by the investigating entity when the latter has other cases to attend to and therefore fails to realize a truth. on the facts, or materialize justice, or attempt to repair the damages that may be caused to those affected.