Security All born in the historical moment in which the exercise of private research Colombia takes energies and is not only legitimate but required for good health of the adversarial criminal system, a system that is accepted by our law since 2006.
Our company is designed to meet the needs and demands of this niche scenario, as a service of criminal investigations, civil, labor, family, work and rest.
1 - Why is it important?
For a people or a nation to benefit from justice, this has to be visible to the people. Behold the great need for a new system that is full stop or mixed inquisitorial system that has allowed the citizens of Colombia to observe the criminal justice system in action. This has led to a lack of confidence in a system, and thus on the authorities and serving in the system. COME TO THE LIGHT!
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LEGAL BASIS
base our existence in the articles of the Constitution: Article 13
. All persons are born free and equal before the law will receive the same protection and treatment by the authorities and enjoy the rights, freedoms and opportunities without discrimination based on sex, race, national or family origin, language, religion, political or philosophical.
The state will promote conditions for real equality and effective and adopt measures to groups discriminated against or marginalized.
status especially protect those people whose economic status, physical or mental circumstances are obviously vulnerable and punish and punish any abuse or mistreatment committed against them.
Article 23. Everyone has the right to submit petitions to the authorities because of general or particular interest and to obtain prompt resolution. The legislature may regulate the private organizations to ensure fundamental rights.
Section 26. Everyone is free to choose profession or trade. The law may require certificates of competence, the competent authorities, inspect and supervise the practice of professions.
Article 27. The state guarantees freedom of teaching, learning and lecturing.
Article 29. Due process applies to any kind of judicial and administrative proceedings.
No one shall be tried except under laws that predate the act which he is charged, before a competent court and in compliance with the fullness of the forms of each trial. All persons are presumed innocent until he is declared legally guilty.
Article 38. is guaranteed the right free association for the development of different activities that people perform in society.
CRIMINAL PROCEDURE CODE OF ITEMS:
Article 204. technical-scientific body. The Institute of Legal Medicine and Forensic Sciences, in accordance with the law and the provisions of the statutes of the Attorney General's Office, provide technical assistance and support scientific research carried out by the Attorney General's Office and agencies judicial police functions.
Section 267. Faculties who is not charged. Who is informed or becomes aware that research advances against him, may seek advice of counsel. Or this one may find, empirically identify, collect and pack the material evidence, and private experts examine them at their expense, or request a judicial police to do so.
Article 274. Request early test. The accused or his counsel, the judge may request control of guarantees, advance practice any form of evidence in cases of extreme necessity and urgency, to prevent loss or alteration of evidence.
apply the same rules laid down for the taking of evidence and chain of custody early. Art
275. Material evidence and physical evidence. For purposes of this code is meant by material evidence and physical evidence, the following:
a) Traces, traces, stains, debris, and similar traces left by the execution of criminal activity;
b) Weapons, tools , and any other objects used in the performance of criminal activity;
c) Money, goods and effects orthos from execution of the criminal activity;
d) The material elements discovered, collected and secured in development of care registration and search research, personal inspection and registration body;
e) The documents of any kind found in investigative diligence inspection or have been provided voluntarily by the person who possessed or have been abandoned there;
f) The material elements obtained by recording, filming, photography, video or any other advanced, used as surveillance cameras indoors or in public space;
g) the data message, such as electronic data interchange, internet, email, telegram, telex, telefax or similar regulated by law 527 of 1999 or the rules which replace, add or reform;
h) Other elements similar to the previous materials and are discovered, collected and held by the Attorney General or the prosecutor directly or through judicial police servants or experts from the National Institute of Legal Medicine and Forensic Science, or officially approved laboratories.
Article 276. Legality . The legality of the material evidence and physical evidence depends on the diligence in which it is collected or obtained, has observed the requirements of the constitution, in international human rights treaties in force in Colombia and the law.
Article 277. Authenticity. The material evidence and the evidence physics are true when they have been identified, fixed, collected and packed technically, and subject to the rules of chain of custody. Art
278. technical and scientific identification. The scientific technical identification consists in determining the nature and characteristics of the material evidence and physical evidence by experts in science, technology or art. This determination will be discussed in the expert report. Art
279. material evidence and physical evidence gathered by undercover agents or undercover agent. The material evidence and physical evidence collected by agent or covert infiltration, legally operating in developing programmed only be used as a source of research activity. But its authenticity established under chain of custody, has the value of any other material evidence and physical evidence. Art
280. material evidence and physical evidence collected in the development of controlled delivery. The material evidence and physical evidence collected by the Colombian judicial public servant in the development of delivery technique, properly programmed, can only be used as a source of research activity. But its authenticity established under chain of custody, is set any other material evidence and physical evidence. Art
281. material evidence and physical evidence submitted from abroad. The material evidence and physical evidence submitted by a foreign authority in developing the request of Colombian criminal authority, based on bilateral or multilateral agreement on mutual cooperation in criminal matters will be subject to chain of custody and have the same value as that given to any other item of evidence and physical evidence. Art
405. Hometown . Expert evidence is admissible when it is necessary to make assessments that require scientific, technical, art or specialized. Art
406. Provision of services of experts. The services of experts will be provided by experts from the judicial police, the National Institute of Legal Medicine and Forensic Sciences, public or private entities, and individuals specializing in the field concerned.
investigation or analysis is performed by the expert or experts, as appropriate. Art
407. number of experts. Unless the test in question impertinent, irrelevant or unnecessary, the judge may limit the number of expert witnesses or experts who are called to testify at the public hearing by the parties.
Article 408. Who can become proficient. They may be experts, the following:
1. Persons with legally recognized title in the relevant science, technology or art.
2. Under different circumstances, may be appointed as people recognized the respective understanding science, technology, art, craft or hobby but lacks title.
Article 409. who can not be named. Can not be named, under any circumstances:
1. Under eighteen (18) years, injunctions and the mentally ill.
2. Those who have been suspended from the exercise of the relevant science, technology or art, during the suspension.
3. Those who have been convicted of a crime, unless they are rehabilitated. Art
410. Mandatory by expert. The appointment of an expert, being a public servant, is forced acceptance and exercise. For only what is particular to a total lack of those.
Art. 411. Impediments and challenges. To the expert witnesses shall apply the same grounds for disqualification and recusal noted for the judge. The expert impediment or objection which has been accepted, will be excluded by the judge at the preliminary hearing or, exceptionally, at the hearing on public trial.
Article 412. Hearing of experts to the hearing. The parties requested the court to bring those proficient in oral and public trial, to be questioned and cross in relation to expert reports had been rendered, or for the surrender at the hearing. Art
413. Reporting. The parties may submit reports by experts you trust and ask them to be summoned to interrogation in the public trial, accompanying certificate stating the adequacy of the expert.
Article 414. Admissibility of expert's report and citation. If the judge accepts the report submitted by the party at the hearing preparatory public trial, immediately ordered the expert or experts cite the signatories, to attend the hearing to be questioned and cross. Art
415. Base expert opinion. All expert statement must be preceded by a summary report which expresses the basis of the opinion requested by the party who proposed the taking of evidence. This report should be made aware of the other parties at least five (5) days before holding the public hearing where the expert opinion will be received, subject to the provisions of this code on the discovery of test.
In any case, the report mentioned in this article shall be admissible as evidence if the expert does not declare orally at trial.
subsequent articles, to the art. 434
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