The legalization of arrest hearing in Colombia is a fundamental stage of the criminal process that takes place after a person has been arrested either by order of a competent judicial authority, in flagrante delicto or by the Attorney General’s Office. The purpose of this hearing is to determine whether the arrest was carried out legally and whether the captured person has merit to be prosecuted.
What is the legalization of arrest hearing process like in Colombia?
First, the legalization of arrest hearing is important because it ensures that the arrest of a person has been carried out in accordance with the law and allows the judge to determine whether there is sufficient evidence to justify the continuation of criminal proceedings. The legalization of arrest hearing is carried out by a supervisory judge. This person is a judge specialized in criminal proceedings and is responsible for ensuring that the rights of the captured person are respected during the hearing.
During this hearing, the prosecutor directing the investigation will request the order to the corresponding judge in a reserved hearing, accompanied by the judicial police, who will present the material evidence, physical evidence or relevant information on which the measure will be based. The above elements must be covered by legality, that is to say, that in the process of the inquiry or investigation carried out by the accusing entity, they should have been collected legally and lawfully, according to the protocols and requirements that the law and the political constitution provide for such purpose, that is to say, without violating the guarantees of due process.
The supervisory judge may directly interrogate witnesses, experts and judicial police officers and, after hearing the prosecutor’s arguments, will decide on the merits. It is important to mention that it is not possible to challenge the decision denying the arrest; the procedural law does not allow any appeal against it.
The person preventively detained shall be brought before the competent judge within the following thirty-six hours, so that the latter may adopt the corresponding decision within the term established by law.
The legalization of arrest hearing is a fundamental stage of the criminal process in Colombia. This hearing ensures that the detention of a person has been carried out in accordance with the law and that the rights of the arrested person are respected during the hearing. It also allows the judge to determine whether there is sufficient evidence to justify the continuation of criminal proceedings. Therefore, it is important that it is carried out properly and following all the protocols and requirements established by law.