Some comments on the guarantee control function on the 906 Act of 2004 or “Accusatory Processal System”

Abstract

The guarantee control function in the Colombian processal system is mixed up with existing ideas on the judge in the body of criminal investigation and a set of normative regulations whose logic, as to what is called “Control Posterior” (in Spanish), would seem to lead to some uncertain control and hence unadjusted with the constitutional paradigm defining the rationale of judicial function in modern democratic nations. Inherently involved in the dynamics of social complexity, risk concept development and the subsequent definition of risk society, and the increasing demands of the system, democratic punitive justice faces the challenge of legitimating itself as tendentially cognoscitive activity and at the same time making respect for fundamental guarantees the deontological horizon of judicial practice.