El testimonio adjunto en el proceso penal colombiano: una figura en tensión con el principio de legalidad

Abstract

This paper analyzes the principle of legality in Colombian criminal proceedings, with an emphasis on its application to evidentiary practices and the legal concept of the attached testimony. The principle of legality, enshrined in the Constitution and developed in the Penal Code and Code of Criminal Procedure, guarantees that no person may be tried or punished except in accordance with a prior, clear, and definitive law. However, in practice, tensions arise when a witness's testimony changes between their initial statement and their version in the oral trial. The Supreme Court of Justice has developed the concept of "attached testimony" as a tool to incorporate the prior statement, even without express legal regulation. This concept raises concerns due to its potential impact on the guarantees of contradiction, immediacy, and defense. The study concludes that clear regulatory regulations are required to avoid violations of due process and preserve legal certainty in the evaluation of testimonial evidence.