Justices of the Peace of knowledge should not be part of the collegial body that decides the reconsideration of the rulings, said the Attorney General's Office

The Attorney General's Office, Alejandro Ordóñez Maldonado asked the Constitutional Court to declare unconstitutional Article 32 of Law 497 of 1999 which provides for the possibility that failures in equity rulings by the magistrates are subject to review.

The standard application states that the decision of the justice of the peace will be explored and resolved in a period of 10 days by a collegial body composed of magistrate judges for knowledge and peace for reconsideration.

For the prosecution the presence of the judge makes a decision, be it of a peace officer who fails to equity, in the collegial body that decides the reconsideration or appeal of it, is neither necessary nor reasonable.

In the opinion of the Attorney that can jeopardize the fairness and balance of the collegial body, to the point of compromising their objectivity at the expense of the rights to defense and due process of the person requesting reconsideration or presenting the corresponding resources .

He explained that the fact that the judge who utters the failure to do equity collegiate body part should consider the review of it, calls into question the fairness and reasonableness of the decision of this body, because it already has made this his mind and body arrives at college with a strong position, which is nothing but to defend its decision.