(2016-07-01) Oñate Delgado, Laura Valentina; Echeverry Enciso, Yecid
The non reformatio in peius is a constitutional principle and a procedural guarantee that
limits the decision-making power of the superior judge, prohibiting aggravating the
situation of the defendant who has appealed the sentence or part of it as sole appellant.
The exception to the application of this principle is found in decisions that by law must
be submitted for consultation. Around this principle, a broad jurisprudence of the
Constitutional Court and the Supreme Court of Justice has been consolidated, which
have defined its scope and application, contrasting the aforementioned principle with
that of legality, the due process and the right of defense.
