Corporate Investigations
Types of Research in Colombia.
It is essential before starting the investigation, to frame the facts and the actions that are intended in one of three spectrums or types of investigation, these allow us to locate the competences and faculties that the polygraph investigator would have to fulfill in order to have legitimacy in said investigation. Likewise, in order to define the scope of said investigative polygraph test, these spectra are the following:
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A. Investigation of the Incident in Private Security:
This type of investigation is the one that will allow to attend to a "Private Security Incident" understanding this as the materialization of an accident where property or the integrity of people were affected; For this type of investigation, it is a requirement to have delimited and controlled the space where the events occurred with controls typical of Private Security such as (Perimeter Barriers, Access Controls, Security Guards, Closed Circuit Television, Alarms or simply having clear procedures for preservation of assets and people.
In order for the knowledge to be assumed, it is necessary for the Polygraph Expert to have a license as a Consultant in Private Surveillance and Security in a "personal capacity" issued by resolution by the Ministry of National Defense through the Superintendency of Surveillance and Private Security; With this approval or license it is guaranteed that "the person" has the skills and technical expertise to undertake investigative processes of this type of Incident.
This type of research is regulated in Colombia by the following regulations:
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- Decreto 356 de 1994 Articulo 4 Numeral 6 and other concordants
- Resolución 2593 de 2003 de Supervigilancia.
B. Judicial Investigation
This investigation is allowed in Colombia in two moments, one acting as a lawyer for the victim and the other as a lawyer for the defense, in both cases a professional in law and legal sciences who is entitled, registered and practicing the profession can by means of a power of attorney, develop actions that seek the effectiveness of criminal legal action, especially collecting and providing evidence at procedurally accepted moments.
Due to the above, it is necessary to indicate that a qualified, registered and practicing lawyer, depending on the mandate and the powers conferred by the procedural law, can carry out technical interviews that allow him to direct his methodological program, also being able if he has the verifiable suitability as a polygraphist. , unify the polygraphic validation to your interview, for which the express authorization of the interviewee is essential, complying with the formalities of a documentary type.
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In Colombia, this type of investigation is regulated in the criminal procedure code according to the quality of victim or defense, but polygraphy can also be judicially valued as Expert Evidence as novel or scientific evidence.
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This type of research is regulated in Colombia by the following regulations:
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- Ley 906 2004
- Proyecto de Ley 062 de 2010
C. Investigation Administrative
It is an investigative process that is developed by any type of facts that are intended to clarify from the perspective of a technical interview, being later corroborated with the polygraph test; This type of investigation from the beginning will be arranged and will not have legal implications, it will only serve for decision-making by the contracting party, the only formality that must be fulfilled is the written authorization of the examinee when proceeding with polygraphic validation In any case, the investigation must guarantee the rights to privacy and human dignity as well as the other main and related fundamental rights.
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