La inversión de la carga de la prueba para justificar la procedencia de artículos y mercancías frente al principio de la presunción de inocencia como garantía del debido proceso.

Abstract

This investigation analyzes the problems resolved by the Constitutional Court to understand and explain the criteria used by this body to determine that the burden of proof in reception crimes corresponds to the person who makes the accusation about the commission of this criminal type. Indeed, a problem of constitutional law is presented where it is tried to understand how previously the burden of proof assumed by the accused in the crime of reception violated the principle of presumption of innocence, which obviously requires analysis to recognize how justice At the constitutional level, it is capable of vindicating constitutional principles such as the one mentioned to strengthen the effective protection of procedural guarantees that are ignored in the light of constitutionalism. Thus, the objective of this research focuses on the study, analysis and description of the reversal of the burden of proof in the crime of reception according to the criteria provided in the review of cases at the constitutional and criminal procedural level. Regarding the methodology of the investigation, a qualitative and documentary observation study was carried out where the doctrine, the legal norms and the review of practical cases allow recognizing the inversion of the burden of proof in the crime of reception. Consequently, the results of the investigative process demonstrate that the reversal of the burden of proof by the State Attorney General's Office contributes to guaranteeing the presumption of innocence as part of due process.