El indicio, medio de convicción para establecer la actividad subyacente del lavado de activos

Abstract

The clue in its legal conception is a logical construction that allows reaching concrete truths. It is not really a test, and this is evident in our Colombian Criminal Accusatory System, being clear that in the oral trial what is really tested with the different means of evidence, are the indicator facts; the logical inference and the indicated fact are constructed orally by the parties when presenting their theory of the case and their final arguments and the judge when evaluating the evidence may or may not accept the logical inferences and therefore those facts indicated that are legally relevant that are reflected in the motivation of the sentence. Under this horizon in cassation the plaintiff may invoke an indirect violation of the substantive rule, by different means, depending on the error and where it is presented, because if it is in the indicator fact (which is duly proven) there may be an error of fact or law, but if it is in the logical inference or the indicated fact can only speak of an error of fact, where we show that the sign legally speaking is a logical triumvirate, used in a high percentage in the washing processes of assets to establish the underlying crime or the illicit origin of the assets subject to laundering.