Abstract

PELAEZ MEJIA, José María  and  SANABRIA VILLAMIZAR, Ronald Jesús. CONFIGURATION OF THE EXPERT EVIDENCE IN THE COLOMBIAN CRIMINAL PROCEEDINGS. Prolegómenos [online]. 2017, vol.20, n.39, pp.105-124. ISSN 0121-182X.  https://doi.org/10.18359/prole.2726.

As a result of law 906/2004, the probative system in criminal matters suffered considerable changes not only in procedural order, which are detectable to the naked eye, but mainly ideological changes that replaced the basis of principles of the previous legislation. This article, having the direction of the probative principles of the current criminal procedure system in Colombia, position taken by the Supreme Court of Justice and the doctrine, aims to determine the budgets of existence or validity of the expert evidence. Even though the expert report is a necessary element, or in words of Justice Supreme Court a "germ of test", for the future formation of the expert test in the audience of spoken trial -because it allows the suitable exercise of rights such as confrontation, contradiction and defense- its constitution and content depend exclusively on the declaration of the expert in the audience.

Keywords : Expert evidence; declaration; reference evidence; expert report.

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