The guarantee of double conformity in the jurisprudence of the colombian constitutional court and the supreme court of justice

Abstract

The Colombian criminal process did not encompass procedural mechanisms to ensure double conformity, understood as the possibility to challenge any conviction. However, the Constitutional Court, starting from Judgment C-792 of 2014, brought to light the necessity to analyze the right of appeal, understanding that extraordinary remedies do not enable its effectiveness. In this regard, the higher courts emphasize the need to regulate a comprehensive remedy, and in response, the legislature promoted Legislative Act 1 of 2018, through which it established the jurisdictional conditions for the guarantee of double instance and, by extension, double conformity. Nevertheless, the legislature has yet to devise any regulation of the remedy that guarantees the right of appeal. As a result, the Supreme Court of Justice has taken on the responsibility of adjudicating the right and regulating the mechanisms.