La prueba ilícita en el proceso penal colombiano a partir de la Constitución de 1991
The question for the legality or illegality of gathered knowledge -or knowledge to gather- for the criminal procedure implies defining the actions of public authorities that exceed a previously approved scope and the consequences of these behaviors to the process. In terms of evidence, knowledge tha...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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Universidad Pontificia Bolivariana
2010
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| Sarrera elektronikoa: | http://dialnet.unirioja.es/servlet/oaiart?codigo=3702038 |
| Baliabidea: | Revista Facultad de Derecho y Ciencias Políticas, ISSN 0120-3886, Nº. 113, 2010, pags. 351-379 |
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| Laburpena: |
The question for the legality or illegality of gathered knowledge -or knowledge to gather- for the criminal
procedure implies defining the actions of public authorities that exceed a previously approved scope and the consequences of these behaviors to the process. In terms of evidence, knowledge that has been obtained illegally or whose assessment violates rights of people subjected to a criminal procedure has had several different interpretations by constitutional judges, which have varied over time since the 1991 Colombian Constitution, in which the nullity of all evidence obtained outside the due process is expressly contained. The aim of this paper is to describe the interpretations developed by the Constitutional Court regarding the constitutional statement that contains a term of exclusion of such evidence obtained outside the due process (art. 29). Then it analyzes the basis for those interpretations as defined by the Constitutional Court. It also questions the relevance of those interpretations regarding the legal system, and it seeks to mention the difficulties of including the so-called exceptions to the exclusionary rule in the legal procedures, in view of the unconstitutional effects they cause. Finally, it sets forth a basis proposal to the model of the illegal evidence exclusion, in accordance with the constitutional program for the criminal procedure. |
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