La relación del estándar de prueba de la duda razonable y la presunción de inocencia desde el garantismo procesal en el Proceso Penal Colombiano
In Colombia criminal trial there are different standards of evidence, among them, reasonable inference (to formulate imputation), probability of truth (to formulate accusation), and knowledge beyond any doubt (for judgment of conviction), which allow identifying concept application such as probabili...
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Format: | Article |
Language: | Spanish |
Published: |
Universidad de Medellín
2010
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Subjects: | |
Online Access: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3294142 |
Source: | Opinión Jurídica: Publicación de la Facultad de Derecho de la Universidad de Medellín, ISSN 1692-2530, Vol. 9, Nº. 17, 2010, pags. 71-94 |
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Summary: |
In Colombia criminal trial there are different standards of evidence, among
them, reasonable inference (to formulate imputation), probability of truth
(to formulate accusation), and knowledge beyond any doubt (for judgment of
conviction), which allow identifying concept application such as probability in
the current system. When reading standard demanded to pronounce a verdict
from procedure guarantee, a narrow relation between innocence presumption
and the limit from which the judge may accept a hypothesis as true in the
criminal trial is found. Consequently, a study of presumption of innocence
presumption is proposed not only from the principle perspective and treatment
rule, but also as both evidentiary and judgment rule. This means that, when
evidences submitted before a judge are not enough to pronounce sentence
and there is still a doubt, presumption of innocence should be applied as a
judgment rule -in dubio pro reo. |
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