Abstract

VICUNA DE LA ROSA, Máximo  and  CASTILLO GALVIS, Sergio Hernando. The truth and the justice opposite to the test in the penal process. Justicia [online]. 2015, n.27, pp.118-134. ISSN 0124-7441.  https://doi.org/10.17081/just.3.27.323.

The Article 361 of Criminal Procedure Code absolutely prohibits the order of evidence by the judge, restricting the search for truth and justice. Objective: To establish the incidence of the social rights to the truth and justice by the limitation of the officious evidence in criminal proceedings. We used herme-neutic and documentary analysis of books, articles andjudgments of Constitutional and Supreme Court Justice previously classified. Results: We identified the criteria exposed by the High Courts in front of the prohibitions of officious evidence in the adversarial system. Conclusions: The position taken by the Constitutional Court brakes the mixed legal system because the prohibition imposed on the judge on the case is unknown principia of truth and justice enshrined in the preamble to the higher standard.

Keywords : Social rights; Justice; Officious evidence; Accusatory system and True.

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