Abstract

LUNA SALAS, Fernando; ARRIETA MORALES, Cristian  and  CANO ANDRADE, Ricardo Andrés. Prospective of the Evidentiary Controversies Associated with the Crime of Femicide in Colombia. Novum Jus [online]. 2023, vol.17, n.1, pp.157-186.  Epub June 13, 2023. ISSN 1692-6013.  https://doi.org/10.14718/novumjus.2023.17.1.7.

This article describes and analyzes, from a qualitative approach, along with a bibliography review, the probatory problems associated with the crime of femicide in Colombia, specifically regarding the evidentiary standards required to prove the contextual element or subjective intent to cause the death of a woman due to her gender or within the framework of gender-based structural violence. The probatory capacity of the prosecutor for such cases is questioned, and the evidentiary assessment made by the judge in these types of crimes is reviewed, as well as the indeterminacy in relation to the principles of typicity and legality that such interpretation implies to the detriment of the accused.

Keywords : femicide; evidentiary assessment; proof of context; proof standard; probatory issues; imputation trial.

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