THE FUNCTION OF THE CRIMINAL JUDGE TO VALIDATE ILLEGAL EVIDENCE IN THE COLOMBIAN CRIMINAL PROCESS

Abstract

The purpose of the research, is both theoretically and practically, one of the most demanding, interesting and relevant areas of the entire legal system. By them we will arrive, if they are applied in the proper way, to truth and material justice, and if we do not do so, we will configure serious violations of the entire legal system with its fundamental guarantees. In this sense, the materialization of due process through the duty to exclude irregular evidence becomes a fundamental matter, framed in the imperative to distinguish which ones are illegal, which should be excluded without being based on a decision, and may have some indirect and impact on the decision when there are conditions of remission or applicability of other material. At the same time, we will have to identify which ones are illegal and will imply the duty to exclude themselves without conditions and the nullity of the entire process, particularly for configuring a violation of human rights. Establishing the categories, imperatives, purposes and methodologies for the proper development of these tools of an evidentiary nature will allow the judge to adequately structure the factual premise of judicial decisions.