El debido proceso en el juzgamiento del delito de cohecho.

Abstract

The background to this investigative work is constituted by the existence of a constitutional and procedural framework that allows people prosecuted for the crime of bribery to be tried in absentia. This situation leads to a legal problem since the right to defense on equal opportunities is unknown and is violated, which means that the person prosecuted when judged is being disadvantaged. Consequently, the objective set forth in this investigation is to amend article 233 of the Constitution to repeal the trial in the absence of the person prosecuted in crimes of public corruption, especially in the crime of bribery. In this research, the use of the qualitative modality was used, where the review of doctrine, analysis of legal norms, review of legal cases, expert opinion and validation of the proposal have been used. All of these information gathering instruments demonstrate the reality of the problem and its impact on procedural rights and guarantees at the criminal level, specifically that the trial of bribery in absentia limits the effectiveness of the technical defense of the person prosecuted. Indeed, these techniques lead to the conclusion and results that the proposed amendment to article 233 of the Constitution more efficiently guarantees the right to defense under equal conditions due to the trial of bribery only carried out with the presence of a person processed, strengthening human and fundamental rights.