El proyecto de reforma del artículo 529 del COIP : su incidencia en el principio de presunción de inocencia.

Abstract

In this thesis the main theoretical basis of the principle of presumption of innocence will be discussed, in aspects such as doctrine, jurisprudence, normative and comparative law and its possible violation as a guarantee of the right to due process in situations of flagrancy. The before mentioned will be addressed regarding the proposal for identification and public exposure of the defendant for certain cases of media interest as an expression of the fundamental right to freedom of information; all within the framework of the project of the modification of article 529 of the Organic Integral Criminal Code contained in the Draft Organic Law for the Strengthening of Citizen Security. In this sense, an attempt will be made to demonstrate how such proposal may affect the maintenance of the state of innocence that must prevail until its destruction from the practice of evidence at the judicial headquarters and with the guilty verdict. The importance of preserving the situation of innocence of suspects or defendants underlies the right to human dignity even in criminal proceedings, in the face of possible disruptive actions that may arise outside the judicial process, such as the so-called media judgments.