Las Estipulaciones Probatorias como una Herramienta de Economía Procesal: un análisis del Numeral Cuarto del Artículo 356 del Código de Procedimiento Penal

Abstract

This review article is focus in the role of evidentiary stipulations as a procedural tool within the adversarial criminal justice system. The methodology used was deductive with a qualitative approach that explores the origin in Law 906 of 2004. The findings identified its doctrinal and jurisprudential development, as the practical application in the criminal process. Its benefits in terms of procedural economy, concentration of the oral trial, and risks when applied without proper judicial control were also discussed. Specially with regard to the legality of evidence and the guarantee of fundamental rights. In conclusion, a more active role for the trial judge in the validation of evidentiary agreements is proposed, in order to balance the effectiveness of the process and the protection of constitutional guarantees.