Análisis del deber de motivación en el ámbito de la casación penal en Colombia (2016-2018)

Analysis of the duty of motivation in the field of Criminal Cassation in Colombia (2016-2018)

Abstract

This article covers the study of a procedural legal figure that integrates the constitutional due process: the duty of motivation. Argumentative burden, of an imperative nature, to the judicial operator at the time of issuing its judicial pronouncements (orders and judgments). This analysis focuses on the importance of this fundamental guarantee in the criminal process, since its discussion has been extensive through various censorship scenarios in the extraordinary appeal of criminal cassation. The foregoing is observed through a theoretical review from the national regulatory sphere, the development within the context of the judgments issued by the Inter-American Court of Human Rights, the jurisprudence of the high courts of the Republic of Colombia and the national doctrine, arriving consequently to the study of the technique, the form, and the nuances in which the charges should be raised from the cassational headquarters, when the wrongdoer has incurred in the violation of the motive postulate. Finally, an analysis of the indicators of inadmissibility and rejection of criminal cassation claims is carried out, with which it is possible to identify the need to properly formulate the charges by means of cassation appeal when the plexus of guarantees that are part of the litigation are violated. criminal (under penalty of inadmissibility of the claim); concluding in this way in the indication of the importance of the duty to motivate judicial decisions throughout history, its transnational importance and the distinction of important aspects of this institution drawn by the boundaries of the Jurisprudence of the Criminal Chamber of the Supreme Court of Justice.