Estudio del régimen de la función de policía judicial disciplinaria en Colombia

Abstract

The Judicial Police should not be understood as an institution or entity of the State as is sometimes confused, since it is actually a function that is attributed to certain public officials in the exercise of their activity. However, The activity of the Judicial Police aims to support those who investigate conduct that is typical of legal reproach in different legal areas, of which we can mention the Criminal, the Prosecutor, the Extinction of the Right of Ownership, the Customs, the Judicial Disciplinary, the Administrative Disciplinary, among others, in that transversal support provided by the activity of the Judicial Police for the collection of evidence, some concepts are usually confused with each other, depending on the nature of the case being investigated, since not all branches of law have certain its Judicial Police procedure. Reason why, it is necessary to carry out the analysis of said situation, but not before identifying what the Public Ministry in Colombia is, the Attorney General's Office, and knowing why it is maintained that the function of this entity is unique, and has has been taken as a sanctioning model for other countries, since the objective is to identify whether the need for the own regime is real, or the legal gaps that sometimes arise in the material exercise of said functions, can be corrected by other means, or tools provided by the same law, or procedure manuals today. The purpose of this study is to identify the need for a disciplinary judicial police regime, and to do so, it will describe, identify, compare, analyze and conclude, if in the exercise of the Judicial Police function that is developed within the disciplinary investigations carried out by the Attorney General's Office, with application of Law 600 of 2000 Code of Criminal Procedure, by reference, of Law 1952 of 2019 and Agreement 001 of 2018 of the National Judicial Police Council regarding the Judicial Police Manual, Chain of Custody System Manual and the Judicial Police formats, it is necessary that in order to carry out the Judicial Police activities carried out by the Attorney General's Office, it is not referred to criminal law, and on the contrary, the Judicial Police activity has its own procedure for the exercise of the Disciplinary Judicial Police function. Once the objectives have been developed, the analysis and the respective comparison of the different norms and their submission have been made, the need to structure new legislation is evident, which includes in the General Disciplinary Code, a regime specific to the activity of the Disciplinary Judicial Police. that adjusts to the concepts that, in matters of Administrative Disciplinary Law, correspond to the figures of the sanctioning process, clearly determining its limits and scope, without room for confusion, since it is a process where technical defense is optional, and the disciplined official, if he is not a legal professional, may have clear concepts to exercise his material defense without violation or imbalance of his defense rights.