La prueba idónea: Realidad jurídica de la aplicación del sistema de libertad probatoria en el derecho penal colombiano frente al sistema de la tarifa legal.

Abstract

This work aims to analyze the reality of the application of the system of freedom of evidence in Colombian Criminal Law, specifically, it seeks to study whether the requirement of suitable evidence in criminal proceedings is not contrary to this system, or if, on the contrary, there is room then to speak of a legal tariff, which is why initially proceeds with the analysis of the evidentiary assessment systems, to subsequently observe the application given in Colombia to freedom of evidence, allowing to determine first of all, what is its scope, and consecutively, when analyzing specific cases, it is evident what treatment has been given to the events in which the judge demands a certain means of evidence, because he considers that only this would be the suitable one, because there is no other with which it can be demonstrated what is intended, thus opening the debate to the differentiation of these two evidentiary systems, and focusing it on the identification of the position of the Supreme Court of Justice in the face of the eventual situation, determining if the requirement of suitable evidence has been accepted as an application of the legal tariff in our Colombian Penal System.