INTERVENCIÓN DEL JUEZ DE CONOCIMIENTO DE COLOMBIA EN LAS AUDIENCIAS ANTERIORES A LA DE JUZGAMIENTO FRENTE A LA GARANTÍA DE IMPARCIALIDAD JUDICIAL Y EL PRINCIPIO ACUSATORIO

Abstract

In Colombia, in order to adopt an accusatory criminal procedure system, the 1991 Political Constitution was reformed with Legislative Act 03 of 2002. The regulation of this criminal procedural system was given through Law 906 of 2004, “By which the Code of Criminal Procedure is issued.” In development of these regulations, the following hearings were created: i) preliminary; ii) formulation of the accusation; iii) preparatory; and iv) judgment. In the first ones, the judge with the function of control of guarantees intervenes. Later, the judge of knowledge intervenes, who is in charge of directing the judgment and to indicate the sense of failure. Likewise, the Supreme Court of Justice has indicated that, in order to avoid that the formulation of the accusation is inadequate and that the judicial apparatus becomes unjustifiably congested, the judge of knowledge must carry out a material control to the accusation. This research analyzes if the intervention of the judge of knowledge in the hearings prior to the judgment: formulation of the accusation and preparatory, as well as the control that he carries out over the accusation, affects the guarantee of judicial impartiality and the accusatory principle. The investigation problem is: does the intervention of the judge of knowledge in the hearings prior to the judgment: formulation of the accusation and preparatory, as well as the control that he carries out over the accusation, affects the guarantee of judicial impartiality and the accusatory principle? The thesis defended in this research is that the intervention of the judge of knowledge in the hearings prior to the judgment: formulation of the accusation and preparatory, as well as the control that he carries out over the accusation, affects the guarantee of judicial impartiality and the principle accusatory, respectively, the legislation, jurisprudence and existing doctrine on the subject are analyzed.