El ministerio público como sujeto procesal indispensable en el sistema penal acusatorio

Abstract

The Public Ministry, with the entry into force of the 1991 Political Constitution of Colombia, was established as a figure that guarantees and safeguards the fundamental rights of all citizens; however, in the development of the criminal process and in judicial practice, it has shown an imbalance of functions, since the guarantee control judge or knowledge judge acts in the same sense, ensuring the protection of constitutional guarantees. The legal system and jurisprudence highlight that the role of the Public Prosecutor's Office in criminal matters is to intervene in the stages of investigation, investigation and trial to promote the fundamental rights of the procedural subjects and the interests of society, without violating the assumptions of equality of arms and the adversarial nature of the procedure, however, determining said breach has not yet been properly developed in depth to establish the cases in which the guarantor functions of the Public Ministry surpass those of the impartial judge who has legal safeguarding tools. of the fundamental rights of those involved in the proceedings.