This paper aims to elucidate what evidentiary rules that must be applied in the event of full compensation, since in the Colombian legal practice is difficult to establish if they are to be the Code of Procedure of the General presented are or the Code of Criminal Procedure, there being no agreement yet on that aspect. Therefore, and for such purposes will first proceed to define the legal problem, showing various responses given by the national law, then provide a plausible solution to that question from the point of view of jurisprudence and constitutional.