Reflexiones en torno al tratamiento de la prueba ilícita en el sistema jurídico colombiano

The aim of this writing.is to analyze the form in which the denominated constitutional rule of exclusion of the illicit test is applies in our Colombian legal system, and like, the form is not compatible in our Social State of Right in which certain criteria from which are conceived, can a derived t...

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Bibliographic Details
Main Author: Pelaez Hernandez, Ramon Antonio
Format: Article
Language:Spanish
Published: 2008
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5167628
Source:Misión Jurídica: Revista de derecho y ciencias sociales, ISSN 1794-600X, Vol. 1, Nº. 1, 2008, pags. 52-72
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Summary: The aim of this writing.is to analyze the form in which the denominated constitutional rule of exclusion of the illicit test is applies in our Colombian legal system, and like, the form is not compatible in our Social State of Right in which certain criteria from which are conceived, can a derived test of which it has been considered illicit, get to produce, under certain circumstances, legal effects To this end, we need to point out that, the test in the scope of the process, is considered as a procedural act, in such a way that in its production or in the scope of all procedural or administrative action, must fulfill the formalities anticipated for the effect, under pain of the consequences that such disregard can produce, and in that sense it is necessary to point out.the effect that would have the disregard of the formalities anticipated for the production of knowledge means, and in particular form, the remedy that are due to use to remove this means of the procedural action, and the way as this concept interacts with the fundamental right to a due process.