Especialización en Derecho Penal
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Browsing Especialización en Derecho Penal by Subject "Acusatorio"
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Item El debido proceso en el sistema penal acusatorio colombiano(Universidad Santiago de Cali, 2018) Amaya Ordoñez, MónicaDue process as the cornerstone of the Social State of Law, is aimed at serving society and being a guarantor of the observance of the fullness of the legal system, as it contains the necessary ethical and legal guidelines to support concrete procedural guarantees; however, in the area of evidence of criminal logic, conflicts of legal property are systematically presented because due process has often been interpreted as a limit to laws and legal procedures; This interpretation is controversial, and is analogous to the concept of natural justice and procedural justice used in other jurisdictions. The relationship between the principle of legality and the law reserve is generally established, in a democracy in the so-called legal system and receives special dogmatic treatment in criminal law. In view of the fact that the State, through the Power or Judicial Branch, takes control and decision regarding conflicts that have to do with the interpretation or violation of the law and that of such conflicts a person may be sanctioned or injured in its interests, it is necessary that in a rule of law, any judicial sentence must be based on a previously processed legal process that guarantees in equality the prerogatives of all those who act or have a part in it. Therefore, sentences issued without prior process are prohibited. This is especially important in the criminal area.Item Derecho penal: de lo inquisitivo a lo acusatorio(Universidad Santiago de Cali, 2020) Reyes Salazar, Tatiana; Giraldo Ángel, Laura AndreaThis article seeks to publicize the transformation that the criminal process has given throughout history, going from an inquisitive system to an accusatory system like the one that is developed today, through a theoretical sample that collects information from data of great thinkers such as Luigi Ferrajoli and Cesare Beccaria, the father of guarantees, also several teachers and thinkers of Colombian criminal law, in order to identify the differences between these two positions, concluding that the system offers more procedural guarantees and what have been its modifications through history until reaching the current penal system.We will analyze how in the average age, the judicial process was applied, the inquisitive process, in which, all the power fell to a single person who was in charge of carrying out the criminal procedure from the beginning to its end, instructed, accused and judged ; And that with the appearance of new revolutions guarantees for the accused would arrive, with it we observe that the inquisition is going to another plane to open the way to the guarantee and thus to act under a division of work that precludes the excessive concentration of power, which later will lead the judicial body to practice under a criminal prosecution system with accusatory tendency where the accused is an essential and active part in the process.