Limitations of equality of arms in the preclusion of criminal proceedings

Abstract

According to the American Convention on Human Rights (ACHR), the principle of equality of arms is a fundamental safeguard for fair trials, as it ensures procedural symmetry between the parties. This guarantee aims to reduce imbalances that could undermine fairness, providing both the Prosecutor’s Office and the defense with adequate means to perform their roles. In the Colombian legal system, this principle is especially relevant in relation to the discontinuance of criminal proceedings. While prosecutors have broad authority to request preclusion under multiple legal grounds, the defense is limited to specific causes and procedural stages, which restricts the possibility of early termination. Such asymmetry may generate disadvantages in adversarial proceedings and weaken the right to defense. This study, through a qualitative normative, doctrinal, and jurisprudential analysis, examines whether these restrictions create procedural imbalance and reflects on the evidentiary standard to determine the need for reforms ensuring greater parity.