Process of Courts in Colombia

PROCESS OF COURTS IN COLOMBIA

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The Constitutional Court was created by the current Constitution, in force since July 7, 1991. The Court is an agency of the judicial branch of government and is entrusted with safeguarding the integrity and supremacy of the Constitution.

Its functions described in Article 241 of the Constitution, are to decide on the constitutionality demands by citizens against laws, decrees with the force of law issued by the Government and legislative acts reformatories of the Constitution; rule on the constitutionality of the call for a referendum or a constituent assembly to amend the Constitution; decide on the constitutionality of referenda on laws, referenda and plebiscites of national order; exercise the constitutional control over legislative decrees issued by the Government under states of emergency; definitely decide on objections of unconstitutionality brought against the government bills and comprehensive manner and after regarding statutory bills approved by Congress; decide on excuses to attend the citations made by Congress under the terms of Article 137 of the Charter; decide on the constitutionality of international treaties signed by the Colombian government and the laws approving and reviewing judicial decisions concerning the application for protection of constitutional rights under Article 86 of the Constitution.

The Court, as head of the constitutional court, known exclusively to matters of constitutionality whose analysis entrusted with the Constitution and establishes, in its capacity as authorized interpreter, the jurisprudential rules on the scope of the rules contained in the Constitution. Pursuant to Article 239 of the Constitution and Article 44 of Law 270 of 1996 Statute on the Administration of Justice, the Constitutional Court consists of nine judges, appointed by the Senate for individual periods of eight years shortlists appointed by the President of the Republic, the Supreme Court and the State Council. In development of the functions assigned to the Attorney General of the Nation in the Constitution and the Law, is necessary to regulate the process and procedures of the Custody system. (Constitution of Colombia, 1886)

Colombia established according to constitution guiding principles and process of law such as:

-Human dignity. Those involved in criminal proceedings will be treated with respect for human dignity.

- Freedom. Everyone has the right to freedom. No one may be molested in his person or deprived of his liberty except by written order of a competent judicial authority, issued with the legal formalities and previously defined in the law grounds.

-The supervisory judge guarantees, at the request of the Attorney General's Office, order the restriction of liberty of the accused when necessary to guarantee their appearance or preservation of evidence or the protection of the community, especially the victims. Similarly, at the request of either party, on the terms set forth in this code, provide for the modification or revocation of the restrictive measure if circumstances changed and turn again there Were unreasonable or disproportionate.

-Catches in flagrante delicto and in those where the Attorney General's Office , and there are clear grounds reasonably lack the opportunity to request a written order , the captured must be available to the judge guarantees control in the shortest time possible without exceed thirty -six ( 36 ) hours.

-Priority of international treaties. In the performance shall prevail in international treaties and conventions ratified by Colombia that address human rights and prohibit their limitation during states of emergency, to form block of constitutionality,