First of all, it is important to bear in mind that a security measure in Colombia is a judicial decision taken to ensure compliance with the decisions adopted in the proceedings, the presence of the accused in the process and to ensure social stability and tranquility. This measure is applied before a sentence is passed and are of two types, namely, custodial and non-custodial. The former include preventive detention, house arrest and a ban on leaving the country, while the latter include the obligation to report regularly to the judicial authorities. The security measure imposed will depend on the particular circumstances of the case and the evaluation made by the judge.
What is the security measure hearing like?
The security measure hearing is held in the presence of the supervisory judge, who is in charge of deciding whether or not to impose the security measure. The hearing is also attended by the prosecutor, who presents the evidence and arguments in support of the request for a security measure, and the defense, who has the opportunity to dispute the evidence and arguments presented by the prosecutor and to present evidence and arguments in favor of his defendant.
Certain formal and substantive requirements must be complied with at the hearing on the security measure. First, the defendant must be notified of the hearing and the charges against him/her. In addition, their right to defense must be guaranteed, which implies that the defense has access to the evidence presented by the prosecutor and can present its own evidence. The right to contradiction must also be guaranteed, which means that the defense has the opportunity to controvert the evidence and arguments of the prosecutor.
During the hearing, the judge must evaluate the evidence presented by the prosecutor and the defense and determine whether there are sufficient elements of conviction to impose a security measure. In making this decision, the judge must take into account several factors, such as the seriousness of the crime charged, the risk of flight of the accused, the risk of hindering the investigation or the possibility of the accused committing new crimes.
It is important to point out that the hearing for the security measure has a limited duration. According to Colombian law, the hearing must be held within 36 hours of the capture of the accused, and in any case within 10 days of the indictment. This means that the judge must make a decision on the security measure in a relatively short period of time.