Una aproximación hacía el concepto de laguna probatoria
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This paper analyzes legal and evidentiary gaps, understood as internal defects of the law that affect the justification of judicial decisions. It examines how the incompleteness of the Code of Criminal Procedure (CEP) constitutes a defect and how its epistemic relevance allows us to identify when the absence of evidence constitutes an evidentiary gap. It also addresses the role of the corroboration threshold and legislative intervention in determining the truth of factual propositions. The study proposes the evidentiary powers of incorporating evidence as a remedy for an incomplete CEP and analyzes the consequences of irreversible evidentiary gaps. Finally, it presents conclusions on the need for mechanisms that guarantee the coherence and completeness of the evidentiary system for the proper administration of justice
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