Los inspectores de policía frente a las comisiones ordenadas por los jueces de la república: un análisis a la aplicación de la ley 1801 de 2016

Abstract

Since the entry into force of Law 1801 of 2016, the powers of the Police Inspectors have been modified, one of these is not to exercise judicial functions by commission of judges, whose interpretation has unchained inconveniences for the practice of seizure, kidnapping and delivery of goods, tasks that prior to the effectiveness of this rule were performed by these public officials and now there is no certainty that they can continue doing so. Different administrative and judicial corporations have pronounced themselves in this respect because the different mayorships and decentralized entities of the territorial order when applying the law are in a limbo in which they do not know which official can carry out the commission; each corporation has pronounced itself in a different way, contradicting itself, which leads to not having clarity in front of the competence of the execution of a judicial commission. The problem lies in the interpretation of different actors involved in the execution of a judicial commission, due to the lack of uniform conceptual clarity regarding a jurisdictional function. It is necessary to have a concept that generates the uniform interpretation of the norm throughout the national territory is applied in the same way, and not to have traumatisms in the administration of justice.