Presumption of innocence and restrainig order in Colombia. (A constitucional state)

Abstract

In the mainframe of a constitutional state the political constitution of Colombia consecrates in its article 29th, as a fundamental right, the presumption of innocence, pointing out that every person is presumed innocent as long as no guilty verdict has been declared in a court of law. That same constitution declares in its article 250th that preventive measures can be imposed to a criminally indicted citizen, to protect the society or the victim, to protect the proof or to force them to appear in the process, even placing under arrest a person that has not been sentenced. This way, the criminal procedure or the mere possibility to attempt against somebody or to escape is privileged against the citizen’s inalienable right to presume that no crime has been committed.