Debe darse la congruencia entre acusación y fallo

Abstract

In criminal law there is the figure of the Criminal Procedure consistency, lies in the adversarial principle, which says there should be an indictment, repair functions accuse and judge and a procedural harmony between the prosecution and judgment that issued. The Colombian law provides no feasibility of possible changes in the legal classification in the current trend adversarial criminal procedure, finds its reason for being in the right that blends with the due Article 29 of the constitution process, and the full development the concept of legitimacy as an 5 element of all state actions. Therefore when the matching principle not only rejects the law is unknown, violates the principle of legality of the process contravention of the fundamental rights of the accused person, but also involves fundamental values and questions the very existence of the State. The court has indicated consistently held that it does not undermine the principle of consistency even when changes in the original indictment, these MUST never break the agreement that should exist between the accusation and the sentence as if it were to occur. The accused would have no chance to defend what has happened again.