El Uso de Medios Tecnológicos en la Práctica de la Prueba Testimonial en el Derecho Penal Colombiano

Abstract

The Colombian state and especially the judicial branch as a result of the pandemic and the declaration of a health emergency, was involved in the need to implement an alternative of access to the administration of justice for its users, but without violating or undermining constitutional guarantees, principles and guiding norms; therefore, through Law 1822 of 2022, the guideline was taken that all judicial offices in the country would have to continue providing their services through virtuality, a guideline that generated anxiety and uncertainty in the parties that make up the criminal jurisdiction, since with this decision principles such as immediacy could be transgressed the oral trial and specifically the practice of testimonial perdormed out through this modality. As a result of this, the Constitutional Court through ruling C-134 of 2023 ruled that the oral trial hearing in criminal matters should be face-to-face, which meant that in the other jurisdictions the proceedings could be carried out virtually, this in order to improve access to justice and the optimal performance of the courts