This essay presents an approximation to the range of the principle of non-mediation of proof in t... more This essay presents an approximation to the range of the principle of non-mediation of proof in the second instance of the Colombian penal process. It begins with the new proof structure of the penal process and the regulation that has been made on this topic in the International Human Rights Instruments and in comparative law, in this case in both the Anglo Saxon and Continental European models. Then it analyzes the constitutional foundations and legal developments of the second instance in the national legal system and details their consequences, in essence translated into the clarification of the principle of non-mediation. Finally, it determines several illegitimate assumptions about the introduction of information in the second instance that can be avoided by means of diligent action on the part of judges and courts, at the risk of not knowing the proof structure of the procedure.
This essay presents an approximation to the range of the principle of non-mediation of proof in t... more This essay presents an approximation to the range of the principle of non-mediation of proof in the second instance of the Colombian penal process. It begins with the new proof structure of the penal process and the regulation that has been made on this topic in the International Human Rights Instruments and in comparative law, in this case in both the Anglo Saxon and Continental European models. Then it analyzes the constitutional foundations and legal developments of the second instance in the national legal system and details their consequences, in essence translated into the clarification of the principle of non-mediation. Finally, it determines several illegitimate assumptions about the introduction of information in the second instance that can be avoided by means of diligent action on the part of judges and courts, at the risk of not knowing the proof structure of the procedure.
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Papers by Urbano Martinez