Resumen

MONTOYA VALLEJO, Santiago Alejandro. A theoretical perspective of the dynamization of the burden of proof in the colombian criminal process. rev.ces derecho [online]. 2021, vol.12, n.1, pp.58-78.  Epub 22-Nov-2021. ISSN 2145-7719.  https://doi.org/10.21615/cesder.12.1.4.

The Political Constitution of Colombia (Art. 29) and the Criminal Procedure Code (Art. 7 and 381) establish as fundamental axioms the presumption of innocence and the in dubio pro reo, giving the Office of the Attorney General the responsibility of proving criminal liability, while proscribing any reversal and assuming the standard of proof beyond all reasonable doubt. The Criminal Cassation Chamber of the Supreme Court of Justice has theorized about the application of the reverse burden of proof, a situation that has been mentioned as transgressive of the abovementioned principles. However, after a theoretical analysis of that jurisprudence, it was concluded that it does not actually blur such principles or reverses evidentiary rules, but it rather concerns the active defenses and a greater contribution of cognitive elements, without undermining the fundamental rights of the accused.

Palabras clave : Procedural law; criminal procedural law; burden of proof; reverse burden of proof; presumption of innocence.

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