Ineficacia del vencimiento de términos contemplado en el artículo 294 de la Ley 906 de 2004

Abstract

Respect for due process is a constitutional imperative of obligatory observance for all officials and servers involved in the prosecution of persons engaged in criminal conduct; The process and its procedures should not be subject to interpretations since it traces an objective, clear, unequivocal path in that it deals with the limits to state power and the due diligence that obliges the observance of constitutional and legal guarantees in the processing of criminal cases, therefore it is inconceivable that there is a norm without the real possibility of being applied in its strict teleological sense as preached in the present work on Art. 294 of Law 906 of 2004 based on the fragment of a case real that is indicated in the statement of the problem, where the application of the article was tried without more result than the trivialization of the same in the face of a clear ineffectiveness of the normative part that would lead to conceptualize it a priori as ineffective. Following the Kelsenian current on the duty to be of the legal norm, it would have to be limited in time certain procedures to achieve legal certainty in the face of due process is what any norm that deals with the temporary control of procedures and its consequences for predicate its effectiveness, since we could be facing a norm whose validity is predicated, but not its effectiveness.