EXCELLENT ARGUMENT BY THE DEFENDER IN A SEXUAL CRIME. VERY SIMILAR CONTEXT TO THE ISIDORO CASE.

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Published on Jan 16, 2018

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Dr. Luis Hernando Salamanca (public defender under Law 906/04), in this case as a trusted attorney, makes an excellent intervention in the closing argument within the case he is defending; several topics are touched upon regarding the case of sexual crimes, decisions of the CSJ, in the cassation court, such as: the legally relevant facts must be clear in the indictment, which should not be confused with the indicative facts and means of proof, for this purpose, file 46153 of 2015 MP PATRICIA SALAZAR CUELLAR is cited, as well as files 44599/17 and 48175/17 of the same magistrate. The issue of the experts when they give their testimony and reconstruct what the victim tells them, is also reviewed, it is not direct evidence but referential. It is also necessary to clarify that the CAIVAS investigators, those who conduct the interviews with minors who are victims of sexual assault, enter the trial as investigators and thus submit their reports, but not as psychological experts. Finally, the issue of the credibility of minors is discussed, and how the recent position of the CSJ, according to files 42656 of 300117 MP EUGENIO FERNANDEZ CARLIER, 34568/11 and 35080/11, have clarified that the judge must assess the minor's testimonies with the other elements of conviction and in accordance with the assessment of article 404 of law 906)04, in an impartial manner. I take it into consideration and with the endorsement of Dr. Salamanca, because the context in which the factual facts and the legal analysis are debated in the oral trial, bear a certain similarity to the case of Isidoro Diaz, which is to continue on January 18, 2018, in which two experts come to testify: the medical examiner and the forensic psychologist of legal medicine, both witnesses for the Prosecution. I MAKE A CLARIFICATION THAT YOU CAN SEE IN THE FOLLOWING VIDEO: the issue of whether the expert evidence is reference evidence, the CSJ in file 46887/17 MP LUIS ANTONIO HERNANDEZ BARBOSA (same one cited by Dr. SALAMANCA), says that the expert evidence is direct evidence SUITABLE FOR ARRIVING AT THE KNOWLEDGE OF THE FACTS CONSTITUTING THE CRIME AND THE RESPONSIBILITY OF THE ACCUSED. THAT THE CRIMINAL ACT IS NOT BEING DISCUSSED, BUT THE TRUTHFULNESS OF THE FACTS THAT ARE RELATED. In this regard, it is necessary to also review file 25920 of February 21, 2007 MP JAVIER ZAPATA ORTIZ. Another different thing is that the legislator with law 1652 of 2013, has introduced as admissible reference evidence (art. 438, literal e), the interviews of girls, boys and adolescents victims of sexual crimes, which will be carried out by CTI personnel, trained in these forensic interviews and present a report according to art. 209, which may be asserted in oral trial with diminished value of art. 381 of the CPP, avoiding re-victimizing the minor when taken to oral trial.

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