The Hearsay Evidence and its Affectation to the Rights of Contradiction and Confrontation

Abstract

This article exposes the problems arising in Colombia since the legal consecration, 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 protect every single person, especially the defendant, given that it is not covered by mechanisms that guarantee those rights universally recognized to interrogate or make interview the witnesses of the counterpart and participate 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.