Examinando por Materia "Violación directa de la ley"
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Ítem Doble instancia y doble conforme : antecedentes y estado actual en el derecho procesal penal colombiano y países latinoamericanos(Universidad Eafit, 2020) Hernández Caro, Laura Melissa; Carvajal Quintero, Hilda Astrid.The present work is the result of a study on the background and the current situation in the countries of Latin America and especially Colombia, on the implementation and adaptation of the legal systems to the international human rights standards which it has been linked to; what have been the advances and shortcomings in the matter of substantial guarantees offered by the Colombian State against the subject holders of the rights stemming from the principles to the double instance, and the "double conform", as are the political granted and those convicted in double instance. It aims to give an account of the consecutive legislative and constitutional omissions in terms of the violations of human rights on the viability of choosing to apply the principle of "double conform" and double instance in procedural penal matter. And in the same way, to establish the current needs of a long and clear regulation on the subject, understanding what the legal basis of this action is, how proceeds, and whom proceeds. The main motivation of this research work is then to make known the background of the "double conform" and the double instance, the procedure for its implementation, the legal basis, the competence of who decides on them, and other aspects that must be studied and deserve an analysis as a relevant issue for the international law and human rights.