Abstract

TORO SILVA, Carlos Alberto. Criminal Procedures in the Nueva Granada Viceroyalty, 1739-1810 (Theft Trials in the Santa Fe Jurisdiction). Opin. jurid. [online]. 2022, vol.21, n.45, e10.  Epub June 14, 2024. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v21n45a10.

This article's purpose is to provide to provide research to the Colombian criminal procedural history prior to the existence of procedural codes by examining the structure of the ordinary criminal trials in the Nueva Granada Viceroyalty Specifically, this research was carried out by analyzing all the trials for theft, the most common felonies in the Santa Fe jurisdiction. This research led to arguing that the mixed procedural structure of Spanish origin was kept during the studied timeframe, besides, it showed a growing autonomy and a formal adjustment of the procedures despite the informal and socially diffuse characteristics that remained in place. The study also shows that the practice of the statement of inquiry started in the late colonial period through the judicial activity of the Royal Audience in first instance.

Keywords : criminal procedure; summary; plenary; sentence; felonies; ordinary jurisdiction; Nueva Granada viceroyalty.

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