De los impedimentos y las recusaciones en el marco del sistema de enjuiciamiento penal colombiano

When an adversarial criminal justice system is considered, its use is immediately associated with phenomena such as publicity, orality, contradiction, concentration, immediacy and swiftness of evidence which is made effective in such a preponderant manner in a trial before an impartial judge. In order to guarantee the impartiality, judges are subjected to jurisdictional, disciplinary and social controls thereby enabling the isolation of the process motu proprio througt the manifestation of impairment or at the request of the parties and thereby enabling a judge to be disqualified The present article comments on the causes of impediment and recusal according to the principalism of the Colombian accusatorial penal system, such as its processes and effectiveness to ensure the impartiality of judges in criminal trial.