La manipulación de la escena del delito, valoración y exclusión probatoria
By legal mandate, the Criminal Judge of Knowledge must support their decisions on allthe evidence submitted in the process, among other principles, respect for the principle ofconsistency, however, this principle and others may be altered in the process by handling whomakes the first respondent, ind...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2014
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6132888 |
| Source: | Via Inveniendi et Iudicandi, ISSN 1909-0528, Vol. 9, Nº. 2, 2014, pags. 61-94 |
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| Summary: |
By legal mandate, the Criminal Judge of Knowledge must support their decisions on allthe evidence submitted in the process, among other principles, respect for the principle ofconsistency, however, this principle and others may be altered in the process by handling whomakes the first respondent, individual or individuals, called to ensure the scene of the fact thatthe circumstances of time and place mode, in which an alleged crime takes place, are intact.The line with the above, constitutionally first responder function lies with the members ofthe security forces, which have the possibility of becoming, if necessary, on Judicial Police,particularly members of the National Police. For these, the goals, objectives and responsibilitywithin their role in the state, are referred to in Articles 2, 6 and 218 of the Constitutionof Colombia, and that despite this, ie, to have clear rules and adequate preparation, somemembers of this body of police, have been involved in behaviors that transgress the primaryobjective of maintaining indelible crime scene.These situations, the community has generated mistrust of justice, do not believe the policeorganization, unaware of the effectiveness of it and consider this act, as a new form of falsepositive, urban, and where relevant and highly known to the public, where possible, havingthe obligation to secure the scene of the crime, involved in the alteration thereof. |
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