Incidencia De la Perspectiva De Genero En el Estandar De Prueba Para Condenar En el Sistema Penal Colombiano

Abstract

This article analyzes the impact of the application of the gender approach on the standard of proof for sentencing in Colombian criminal proceedings. It argues that, in certain jurisprudential interpretations by the Criminal Chamber of the Supreme Court of Justice, the application of this perspective could lead to a relaxation of the evidentiary standard, jeopardizing fundamental principles such as due process, the presumption of innocence, and legal certainty. Through a critical analysis of various rulings, the article examines how the assessment of evidence from a gender perspective could disregard the rigor required by the Code of Criminal Procedure and the principle of in dubio pro reo. To this end, the article draws on Jordi Ferrer Beltrán's theoretical framework on the standards of proof to support the critique and highlight the potential consequences of this jurisprudential trend on the system of procedural guarantees in Colombia.