La prueba de referencia y su afectación a los derechos de contradicción y confrontación

Abstract

This article exposes the problems arising in Colombia since the legal con-secration, the jurisprudential development and the implementation of the ́hersay evidence ́ in the criminal process. On this paper is the fact that this instrument infringes the rights of confrontation and contradiction that pro-tect every single person, especially the defendant, given that it is not cove-red by mechanisms that guarantee those rights universally recognized to interrogate or make interview the witnesses of the counterpart and parti-cipate in the training, control and development of the test under identical conditions and prerogatives to those of the adversary. This is contrary to the Political Charter and international treaties on human rights that are part of the constitutionality block.