PRINCIPIO DE IGUALDAD DE ARMAS COMO GARANTÍA EN EL PROCESO PENAL COLOMBIANO, ANÁLISIS LA SENTENCIA DE LA CORTE CONSTITUCIONAL C-1194/05

Abstract

For the effective procedure in the Colombian accusatory criminal system, it is necessary to comply with some essential presuppositions for it to be legitimate, the most important is the guarantee of the rights of the parties without them being violated in any way. With the entry into force of Law 906 of 2004 (also known as the "criminal conviction system"), its purpose is to change the way in which criminal law is implemented. To do this, he used the principle of equality to put both parties on an equal footing: the prosecution and the defense. Everyone has the possibility of accessing all available resources according to their specific objectives: the prosecution, as planned on the ground, to sue citizens. That is why it is intended to study these assumptions in the following investigation, taking into account as the main concept of study the equality of arms mentioned in Sentence C-1194 of 2005