Presumption of Innocence and Deprivation of Liberty in issuing the Verdict

It is essential to address procedural issues regarding deprivation of liberty, as there is currently a heated discussion in Colombia regarding whether this right should be restricted once a guilty verdict has been issued, particularly when prohibitions exist regarding punitive benefts. Two contrasting positions are being considered in jurisprudence. The objective is to resolve that, when faced with a similar legal issue, two different alternatives are being decided upon, both of which affect the right to liberty and consequently, the various consequences of incarceration. Thus, we will begin by emphasizing the importance of liberty as a fundamental prerequisite, followed by the identifcation of the two opposing positions regarding the same situation, and subsequently, the signifcance of the role of the argumentative judge will be addressed. Utilizing a qualitative methodology, which involves studying the topic through jurisprudence, doctrine, and literature, it will be inferred that limitations on the right to liberty within a contested procedural scenario may stem from various evaluative positions, and therefore, only a plausible result derived from the guarantee of motivation is foreseeable.

• Autor principal: Ruiz Cabrera, Maria Alexandra (author)
• Formato: article
• Lenguaje: spa
• Publicado: 2024
• Materias: Sense of verdict; presumption of innocence; condemn; motivation; limitations; liberty; confinement; overcrowding; Sentido del fallo; presunción de inocencia; condena; motivación; limitaciones; libertad; encierro; hacinamiento
• Acceso en línea: https://revistas.uasb.edu.ec/index.php/foro/article/view/4462