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Opinión Jurídica
Print version ISSN 1692-2530On-line version ISSN 2248-4078
Abstract
BUSTAMANTE RUA, Mónica María. Relation between standa rd of evidence of reasonable doubt and presumption of innocence from procedural warranty in Colombian Criminal Trial. Opin. jurid. [online]. 2010, vol.9, n.17, pp.71-91. ISSN 1692-2530.
evidence, among them, reasonable inference (to formulate imputation), probability of truth (to formulate accusation), and knowledge beyond any doubt (for judgment of conviction), which allow identifying concept application such as probability in the current system. When reading standard demanded to pronounce a verdict from procedure guarantee, a narrow relation between innocence presumption and the limit from which the judge may accept a hypothesis as true in the criminal trial is found. Consequently, a study of presumption of innocence presumption is proposed not only from the principle perspective and treatment rule, but also as both evidentiary and judgment rule. This means that, when evidences submitted before a judge are not enough to pronounce sentence and there is still a doubt, presumption of innocence should be applied as a judgment rule -in dubio pro reo.
Keywords : State; criminal reform; justice; conflict; judge.