CORPORAL INTERVENTIONS IN THE CRIMINAL PROCEDURE CO DE OF 2004, ANALYSIS OF THE C-822 SENTENCE OF 2005 OF THE COLOMBIAN CONSTITUTIONAL COURT
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Keywords

corporal interventions
expert test
fundamental rights
proportional principle (balancing test)
procedural burden
effective physical force
probatory relevance

How to Cite

Ruiz Jaramillo, L.B. (2007) “CORPORAL INTERVENTIONS IN THE CRIMINAL PROCEDURE CO DE OF 2004, ANALYSIS OF THE C-822 SENTENCE OF 2005 OF THE COLOMBIAN CONSTITUTIONAL COURT”, Vniversitas, 56(114), pp. 227–250. Available at: https://revistas.javeriana.edu.co/index.php/vnijuri/article/view/14595 (Accessed: 6 July 2025).
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Abstract

The thematic one of this article is a critical study of the conception that of the different modalities from corporal interventions expresses the Colombian Corte Constitucional in the C-822/2005 sentence. In this study, the position of the Corte Constitucional is criticized when considering, with base in the proportionality principle (balancing test), that diffuse public interests can have greater weight than the fundamental guarantee of the prohibition of the cruel, cruel and degrading treatment. Characteristics, a foundation and limits for these measures set out. The paper of the procedural burden like alternative to the use of the effective force in the application of these interventions is analyzed. Also, the probatory relevance of these measures is examined.

PDF (Spanish)

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