La prueba ilicita, el debido proceso en el sistema penal acusatorio

Abstract

Within our legal system, there are procedural legal principles of constituional rank, one of them being the due process that governs the actions, among them, the criminal process. Since the evidence is the universal source fot obtaining a procedural truth, it is generated within the criminal action the porribility of obtaining ilicit evidence, that is, in violation of fundamental guarentees. In this article we will investigate how in our criminal process evidence is collected or evidence of ilicit from and as before this situation exists the necessity to exlude this test, recognizing exceptiones to that rule in certain concrete cases due to a weighting process, to the light of the accusatory criminal system, from a legal, jjurisprudential and constituional framework.

The foregoing in order to determine that in our country, as a general rule, the ilicit evidence must be excluded, except fot hte exceptions provied for in a limiting manner in law 906 of 2004.