La carga de la prueba u onus probandi en el sistema penal de México y Colombia

Abstract

The purpose of this article is to carry out a brief analysis of the burden of proof in the Mexican criminal system to identify the most significant effects it had. To do this, a synthesis of the evolution of the onus probandi is made, as well as the main causes and consequences of its updating. A brief reflection is carried out on the transition from an inquisitive penal system to an accusatory and oral system, which gives rise to guiding principles such as the presumption of innocence. Likewise, the main similarities and differences of the burden of proof with the Colombian criminal system are analyzed. The information sources of different works, investigations, reports, and legal and social science works were the instruments to collect the necessary information, which was organized with a qualitative approach. From all of the above, the effects of the absence of regulatory principles of criminal action on the susceptibility and insecurity of justice is demonstrated, being necessary that the burden of proof be assigned to the accuser. Thus, this burden must be entirely state-owned, with few exceptions.