IS THE LINK IN THE CRIMINAL PROCEDURE NO GUARANTEES OF PROCESSING VIOLATES FUNDAMENTAL?

In Colombia, against the inability of the state to appear personally to the alleged offen­der of the criminal law in order to link him to the investigation and be able to bring him to trial, it was decided to prosecute him in absence (in the case of not being able to locate him) , or in contempt (in...

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Autor Principal: Tejedor-Estupiñán, Julián Edgardo
Formato: info:eu-repo/semantics/article
Idioma: spa
Publicado: Universidad Santo Tomas de Aquino Seccional Tunja 2016
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Acceso en línea: http://revistas.ustatunja.edu.co/index.php/piuris/article/view/1064
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Sumario: In Colombia, against the inability of the state to appear personally to the alleged offen­der of the criminal law in order to link him to the investigation and be able to bring him to trial, it was decided to prosecute him in absence (in the case of not being able to locate him) , or in contempt (in the event that the person knows is being processed and do not want to undergo the procedure). This has shown that the advancement of criminal proceedings in the absence of the alleged offender can generate violations of fundamental rights and guarantees that, contrary to combat impunity, is a source of judicial mistakes, generating community distrust of the administration of justice. This document was prepared by the normative approach, turning to sources such as international law treaties, laws, codes, case law and doctrine, found in books, journals, and in the web.