Proof is extra-constitutional notary, said Attorney General's Office

The practice of evidence before a notary extraprocesales subject to the rules laid down in the Code of Civil Procedure does not violate the Constitution.

So said the Attorney General's Office, Alejandro Ordóñez Maldonado, to request the Constitutional Court to declare enforceable Article 113 of Law 1395 of 2010 which adopted measures to decongest the courts.

The defendant points out that standard testing is available for notary extraprocesales any jurisdiction, except in criminal cases, citation of the customer and in compliance with the rules of evidence and contradictions contained in the Code of Civil Procedure.

According to the lawsuit, this provision violates the provisions of Article 116 of the Charter, and warns that notaries could not rule on disputes that arise in the practice of evidence, as in the case of an interrogation of some or the statement of a witness, because only perform administrative functions.

In the opinion of Attorney General assume that notaries by the mere fact that they can practice before court after hearing evidence of the parties and subject the rules of the Code of Civil Procedure jurisdiction have a function, does not correspond to reality.

He explained that notaries are not judges or acting as such, but that work harmoniously with the administration of justice as provided in Articles 113 and 116 of the Constitution.