El sistema acusatorio en la justicia penal militar Colombiana

Abstract

In the article is evaluated if by means of the application of 1765 of 2015 Law, in which the implementation is sought of the Accusatory System to Colombian Military Criminal Justice, it would be able to achieve and guarantee the impartiality principle, given it is present character inquisitive in the validity of the 522 of 1999 Law.Due to this reason, it will develop a theoretical-analytic and practical study, with a focus on an institutionalist approach, that serves to establish courses in the analysis of the political events, that refers to the evaluation that will be done to the Special Jurisdiction of the Military Criminal Justice, by means of doctrinal description, constitutional support, and a study of the legal regulations (Code of Criminal Procedure and Military Penal and Procedure Code). With the comparison of the Accusatory Oral Penal System, developed on the 906 of 2004 Law, with the Military Standard, it seeks to achieve the change in which it was determinate both the flaws and strengths, based on the balance and functioning report, with the objective of implementing and projecting it in a clear and successful way, without any risk of errors on the application of the Accusatory System in the Special Jurisdiction. With the application of the principles of impartiality and independence in the procedural area, and the need to evaluate the effectiveness and legal security provided by the accusatory order for the special military jurisdiction in Colombia, regarding the actions of the members of the public force within of the judicial system, and of those who administer it in the special justice system, give it legislative strengthening in accordance with the Accusatory System of the Ordinary Jurisdiction. To conclude, the impartiality in this Legal Specialized Jurisdiction moment would provide the processes, people, and the justice itself, the substantial real warranty to eradicate the Inquisitive System and tedious that currently enjoys the Colombian Military Criminal Justice, furthermore it is also to reaffirm that the material justice is possible, instructing the public servers that enforce the law and being recipients of it, that the Special Jurisdiction is not to be used to evade the normative precepts of the Military Criminal Justice but on the other hand, it is the source of transparent justice, impartial, and autonomous, from an equal treatment between the unequal.