The search for truth and probation passivity of the criminal judge

Abstract

The Colombian congress has incorporated to the legal system an adver sarial criminal judgemen, taking elements of another legal cultures, among others, the prohibition for the judge to order oficious proof in the preparatory hearing, posture, that for doctrine confronts the obligation of the judge, of guiding and directing objectively the process to reach the truth and justice.This circumstance routed by the general objective of the investigation to the effect of understanding the achievement of truth across the legal process in front of the prohibition to the judge for the ordenance of oficious proof; taking as methodologic route an approach paradigmatic hermeneutic - interpretive with a qualitative focus, using the draftee as an operational tecnique for collecting information, into works of philosophy and sentences of the Constitutional Court of Colombia. As a result, the prevalence of passivity probative of the trial judge in the adversaria! system proposed by the Constitutional Court, based on the legal duty of the operator to form its conviction based on the evidence produced at trial was established. As against this, the doctrine has generated discussion, stating that the absolute prohibition of the principle of effectiveness of substantive justice and the state' s obligation to establish the real truth is violated in the process. It is concluded that the concept and extent of budget to reach true justice remains a philosophical problem unsettled legal court in the criminal procedural debate.