The legalization hearing of capture in Colombia is a fundamental stage of the criminal process that takes place after a person has been captured, whether by order of a competent judicial authority, in a situation of flagrante delicto, or by the Attorney General's Office. This hearing aims to determine whether the capture was carried out legally and if there is merit for the captured person to be prosecuted by the justice system.
How is the process of legalization hearing of capture in Colombia?
First, the legalization hearing of capture is important because it ensures that a person's detention 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 the criminal process. The legalization hearing of capture is conducted by a judge of guarantees. This judge specializes in criminal processes and is responsible for ensuring that the rights of the captured person are respected during the hearing.
During this hearing, the prosecutor leading the investigation will request an order from the corresponding judge in a reserved hearing, accompanied by judicial police, who will present the material evidence, physical evidence, or relevant information on which the measure will be based. The previous elements must be lawful, meaning that during the inquiry or investigation process conducted by the prosecuting body, they must have been collected legally and legitimately, according to the protocols and requirements established by law and the political constitution for this purpose, without violating the guarantees of due process.
The judge of guarantees may directly interrogate witnesses, experts, and judicial police officials, and after hearing the prosecutor's arguments, will decide immediately. It is important to mention that the decision denying the capture cannot be appealed; procedural law does not allow for an appeal against it.
The person detained preventively will be made available to the competent judge within thirty-six hours following the capture, so that the judge can make the corresponding decision within the timeframe established by law.
In conclusion
The legalization hearing of capture is a fundamental stage of the criminal process in Colombia. This hearing ensures that a person's detention has been carried out in accordance with the law and that the rights of the captured person are respected during the hearing. It also allows the judge to determine whether there is sufficient evidence to justify the continuation of the criminal process. Therefore, it is important that it is carried out appropriately and in accordance with all protocols and requirements established by law.
References
https://www.juecesyfiscales.org/images/stories/berbiqui/GUIA-JUDICIAL-2da-edicion.pdf