Abstract

ZABALETA ORTEGA, Yarleys de Carmen. The contradiction in evidenciary matters in the framework of the colombian criminal process. rev.ces derecho [online]. 2017, vol.8, n.1, pp.172-190. ISSN 2145-7719.

In the context of a Social State of Law, the criminal process must be invested with attributes that confer legitimacy and, at the same time, serve as a control to the power of Judges, these attributes or limits are encompassed in the notion of due process, within the contents of the macro-principle of due process we find the right of probationary contradiction, which constitutes one of the most important guarantees within the criminal process, since this materializes the right of defense and allows the development of such important values such as freedom. The right of probationary contradiction in the oral trial stage becomes the opportunity for the defendant to defend himself, to refute and oppose the statements made by the opposing party, to provide elements that allow him to misrepresent what was said against him.

Keywords : Due process; right of defense; procedural guarantees; evidence.

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