Análisis psicojurídico de la entrevista forense en el abordaje penal del abuso sexual infantil

Abstract

Legal acts arranged in the procedural statutes are essential to the criminal proceeding against child sex crime in Colombia, raise the story of the child is constituted in one of those. The repealed Law 600 of 2000 article 266 it was taken by declaration, in the current Law 906 of 2004 article 206, emerges the interview, which in 2007 is called "Forensic Interview" (EF), configuring link between this knowledge and story as evidence in the evidentiary debate demanding a judicial act containing specific conditions. The standard analysis identifies gaps and inaccuracies regarding its definition, if contrasted with the theory provided by the psychology of testimony. Under this, the investigation that realizes this work develops a psycho-legal analysis from three primary sources of information: jurisprudence, technical guidelines / guides and laws, which provide data on four preset categories: concept, structure, procedure and scope, the results say that even with theoretical support, collected in various protocols renowned in jurisprudence, and treated in specific law, the EF is assumed as a plain incorrect formulation of preset questions, directives, conductive or suggestive; jurisprudential trend that does not accept the claims that due process be admitted in this event; not considered the negative effects this has on the original memory, the basis of the story; and its technical and scientific conditions are unknown at the expense of proper practice of criminal law.