Ex officio evidence at the stage of inquiry, investigation and trial in the accusatory criminal system in Colombia

Abstract

In Colombia, the legislative body, the high courts, judges, magistrates and doctrinaires, among others, have had different positions regarding the use of evidence in the investigation and investigation and trial stage. Although it is true that the case law has generated changes in its use, there are doubts among the judicial operators about its suitability in the two scenarios. One sector of the national doctrine wonders why the use of ex officio evidence is valid in civil proceedings but not in criminal proceedings, which gives an impetus for the investigation to start from this problematic context. In Colombia, there has been talk about the ex officio test, not only in the penal area but also in the civil area, where the ex officio test has no prohibition, openly the judge can decree it, on the contrary, in the criminal process, there is a prohibition in the practice of ex officio evidence. The study on the ex officio test arises to establish what are the reasons why the legislator prohibits the ex officio test in the Colombian criminal process in a broad sense, it also wants to show what is the ex officio test? , beyond the epistemological concept, which is the positive and also negative transcendence within the process.