Legal validity of statements in administrative proceedings of domestic violence and their criminal impact

Abstract

This article examines the legal and jurisprudential foundations that determine the validity of the statements and discharges presented by those accused in administrative proceedings of domestic violence in Colombia. Based on an approach focused on the analysis of decisions of the Constitutional Court and the Supreme Court of Justice, essential principles that should govern these procedures are identified, such as legality, respect for due process and proper management of evidence. Emphasis is placed on the importance of assessing circumstantial evidence, given that domestic violence often occurs in private spaces, where direct evidence is limited. In addition, the role of precautionary and definitive measures in the protection of victims is analyzed, while highlighting the need to guarantee the fundamental rights of the accused, such as the presumption of innocence and the right not to self-incriminate. Finally, recommendations are offered to optimize administrative and judicial processes, including the training of justice operators and the provision of adequate legal advice from the initial stages of the procedure.