Descubrimiento probatorio en el sistema penal acusatorio

Abstract

This article pretends analyze in a reflexive way the discovery in the criminal system of the United States and Colombia on behalf of Law 904 of 2006. The main objective is to establish the relevence of discovery according to Colombian Constitution evolution, through the technique of qualitative investigation; the information was taken from officials who attended the visit to the judicial complex in Miami Florida in accordance of the seminar Accusatory Criminal System, as well as the historical information of Colombian criminal law contained in the doctrine and providences about criminal matters from the Constitutional Court. The result of the analysis allows to affirm that the procedure for the Colombian discovery is the result of: i) Legal evolution of the fundamental due process right; ii) The influence of block of constitutionality; and iii) Colombian criminal policy. These factors force the legislator to seek referents such as the US, to transform the judicial system. It is concluded that the new system is not effective even it contains the procedural guarantees from Colombian Constitution, as well as all elements of discovery in the accusatory criminal system of the United States, despite differences in legal systems and criminalpolicies of both countries