Intervention of the Faculty of Law and Political Sciences at Universidad de Ibagué in the claim of unconstitutionality against Article 223 of Act 906 of 2004. Sentence C-480/20

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Sandra Bibiana Vargas Castro

Abstract

Claims of unconstitutionality are part of the democratic exercise by which the citizen resorts to the constitutional jurisdiction, seeking to propose on behalf of the Court the analysis of a norm that is indicted of contradicting the Constitution.


Universities of the country are invited to participate in the initial process that the claim provides, with the purpose of furnishing their legal interpretation between the demanded norm and the Political Constitution. This exercise prior to the final decision of the Constitutional Court has become a valuable space for the expression of the academic voice in the practical context of a judicial decision.


The reader will find below, the concept projected by professor Sandra Bibiana Vargas Castro and presented by Hernando A. Hernández Quintero, dean of the Faculty of Law and Political Sciences, on behalf of this academic unit in the processing of the claim of unconstitutionality of the norm set forth in Article 223 of Act 906 of 2004 “By which the Code of Criminal Procedure is issued.” This legal controversy was resolved by Sentence C-480-20 which can be consulted here.

References

Constitución Política de Colombia: Artículos 29 y 74.
Código de Procedimiento Penal: Artículos 10, 223, 359.
Sentencia No. C-221 de 1994. Corte Constitucional de Colombia.

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