El Testimonio Adjunto y sus Implicaciones en el Principio de Igualdad de Armas en el Sistema Penal Colombiano

Abstract

The evidentiary regime constitutes a cornerstone of criminal proceedings, as it is through evidence that the facts underlying the parties´ procedural claims are ultimately established. Within this framework, testimonial evidence plays a central role as a means of conviction, given that it derives from the account of individuals who, through sensory perception, acquire information relevant to the determination of disputed facts in criminal cases. This article examines the role of testimonial evidence within the Colombian criminal justice system. It first identifies the principles governing evidentiary activity, followed by an analysis of the practice of the testimonial evidence from the initial stages of the criminal process through its admission and development at trial. Particular attention is given to a conceptual approach to testimonial evidence and to the jurisprudential requirements established by the Honorable Supreme Court of Justice for its request, production, and contradiction. The study further explores the purpose and scope of testimonial evidence, as well as the procedural consequences arising from a witness´s reluctance or change of testimony during trial hearings. Finally, it addresses the challenges associated with contesting testimonial evidence and examines its potential impact on the principle of equality of arms, a defining feature of the adversarial system underlying Colombian criminal procedure.