Vulneración del derecho a la defensa del investigado en el testimonio anticipado dentro de la investigación previa.

Abstract

The use of advance testimony protects the rights of the victim; establishing it in practice as a means of proof where the right to defense of the alleged offender is violated; As he is not duly notified to appear with his chosen technical defender, this means of proof is considered essential during the preliminary investigation. The methodology will be developed through the mixed modality of quantitative, non-experimental category, directed in the methodological, descriptive and analytical sketch on the investigated and the victim, the guarantees of due process, the right to defense, the anticipated testimony and the investigation. previous from its origins to the present. In addition, theoretical, descriptive, analytical, deductive and empirical methods such as observation and survey were used. Consequently, a reform law to the Comprehensive Organic Penal Code (2014) will be developed as a project in order to guarantee the application of the principles of immediacy and contradiction.