Análisis sobre la falta de implementación de exigibilidad de cohesión sustantiva de la acusación - ley 906 de 2004 Un estudio de la afectación de derechos fundamentales de los acusados por la falta de regulación legal para controlar que la Fiscalía enmarque la acusación sobre los hechos jurídicamente relevantes

Abstract

The purpose of this essay was described the main characteristics that the Law 906 of 2004 established about the accusation as a complex act, in order to point out that a enforceability of substantive cohesion or material control over the accusation was not regulated, in the pretext of affecting the impartiality of the judge, and with this emptiness, an affectation of fundamental rights is promoted for those called to trial, especially the right to defense, as well as the beginning of the accusation, to the principle of equality and the principle of the integral judge, without the solution proposed by the Supreme Court of Justice making up for such lack. For this purpose, the provisions of numeral 4 of article 250 Superior were verified, developed by articles 336 to 347 of Law 906 of 2004, the antecedents of Legislative Act 03 of 2002 that did establish it and the jurisprudential line assumed by the Supreme Court of Justice was reviewed. To this end, we started from the review of the Political Constitution of Colombia, Law, jurisprudence, books, specialized magazines, and their respective articles.