Estado Actual de la Preclusión de la Investigación Penal en Colombia como Institución del Derecho Procesal Penal - Arts. 331 – 335 Ley 906 de 2004

Abstract

In the framework of analysis and study of estoppel as an institution of criminal law in Colombia, various controversial scenarios have been generated at the legal level and its application, through this writing a jurisprudential analysis and the current situation of estoppel in Colombia in light of the provisions of articles 331, 332, 333, 334 and 335 of the Colombian Code of Criminal Procedure, adopted by Law 906 of 2004. The foregoing, taking into account what was indicated by the constitutional court through judgment number: C-118/08, which indicates: The separation of the investigation and the trial requires that the investigation of the facts, the identification of the person under investigation, the search for the probative elements and evidences that lead to ascertaining the truth of what happened and of the responsibility in the criminal conduct, are the responsibility of the Office of the Attorney General of the Nation. For this reason, it is logical that the legislator would have exclusively entrusted that entity with the function of presenting the judge with the elements of judgment necessary for him to resolve his request for the preclusion of the investigation or accusation of the accused (Corte Constitutional, 2008). In this way, the analysis of the current state in Colombia addresses the most important aspects and the most relevant pronouncements on the matter of estoppel.