Abstract

HERNANDEZ AROS, Ludivia; PLAZAS ESTEPA, Rodrigo Alberto  and  FLOREZ-GUZMAN, Mario-Heimer. Means of proof in Colombia and its occurrence within an audit engagement: A perspective of the Pentagon of fraud. Rev. repub. [online]. 2018, n.25, pp.117-134. ISSN 1909-4450.  https://doi.org/10.21017/rev.repub.2018.v25.a52.

This research paper aims to reveal the incidence of a proper application of the rules of evidence in Colombia, concerning the effectiveness of an audit engagement. This stems from the identification of variables settled in the Pentagon of fraud. The starting point relies on the conundrum of giving expert evidence as an accountant within a trial. It becomes stark that some evidence was not taking into account because it does not dovetail with the principles of being broad, sufficient and competent. Therefore, the evidence was lacking any reasonable validity and reliability. In terms of the methodology, this is a documentary-approach research, using techniques of critical analysis of data. Such an approach allowed collecting data so as to analyze the problem of study. As a conclusion, using the Pentagon of fraud as a tool to characterize different events of a fraud that may arise in companies has been widely identified and brings relevant elements in an audit engagement. The strict articulation with the proper application of the rules of evidence in Colombia allows increasing the efficiency and decreasing the risks insofar as the collection of data as evidence material within a judicial process.

Keywords : pentagon of fraud; judicial process; evidence in Colombia.

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