Un Análisis de la teoría de los frutos del árbol envenenado desde el derecho comparado de los Estados Unidos de América, Reino Unido y Colombia

Abstract

The Due process rights developed from the Article 29 of the 1991 Constitution contains all the fundamental and constitutional rights in criminal matters, which establishes the principle of legality according to Article 6 and 23 of the Code of Criminal Procedure (Act 906 of 2004) which establishes the Exclusionary Rule conceived by the jurisprudence of the United Kingdom and highly developed by the jurisprudence of the United States of America. The Exclusionary Rule will exclude evidence because of the violation of due process, but Article 455 of the Criminal Procedure Code ( Act 906 of 2004) introduced by the American doctrine of the Theory of Fruit of the Poisonous Tree, establishes four exceptions: the chain of causation between the illegal action and the tainted evidence is too attenuated, independent source, inevitable discovery and others established by the law, these exceptions were not defined by the Code of Criminal Procedure (Act 906 of 2004), therefore we analyse the Rule of Exclusion and Theory of Fruit of the Poisonous Tree Doctrine in Colombia, United States and the United Kingdom.