Abstract

GOMEZ AGUDELO, Dany Steven. The in dubio pro reo as the foundation of State responsibility. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2018, vol.48, n.128, pp.107-134. ISSN 0120-3886.  https://doi.org/10.18566/rfdcp.v48n128.a05.

In the in dubio pro reo, the criminal judge after practicing the evidence in the oral proceedings and hearing the arguments of the parties and interveners, determines that he could not arrive at the truth and consequently resolves the doubt in favor of the defendant, ordering the acquittal and ordering immediate freedom. Thus, the main purpose of this specialized article is to expose the foundations of the State's responsibility for unfair deprivation of freedom in those cases where the defendant is acquitted by doubt in their favor, in order to provide theoretical and practical elements that contribute to the analysis of the cause of in dubio pro reo, detailing clear parameters on an extensive jurisprudence regarding the unjust deprivation of liberty. In accordance with the jurisprudence of the Council of State, in dubio pro reo implies in the Extracontractual Responsibility of the State a deficiency in the probatory work advanced by the State, and whenever the doubt in criminal matters amounts to an acquittal, this constitutes the basis to demand the right to reparation, where compensation claims for damages caused are not minimized.

Keywords : Absolution; unlawfulness; freedom; damages; deprivation.

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