Análisis de la normativa procesal penal respecto a la abstención en delitos de tráfico ilícito de sustancias sujetas a fiscalización en gran escala y delitos de delincuencia organizada.

Abstract

This investigative work analyzes the problems that have arisen in recent years, from the effective date of the Comprehensive Organic Criminal Code, in the prosecution of organized crimes and trafficking of substances subject to large-scale control. The impunity that is being generated in the investigation of this type of crime in the face of fiscal abstentions is remarkable, which the same norm allows by eliminating within its provisions that the fiscal decision not to accuse the defendants intervening in this type of illegal acts, be reviewed by a superior, as ordered by the criminal procedure regulations now repealed. Thus, through descriptive research, with a qualitative approach, through research methods such as documentary analysis, case studies and interviews, the need to reform article 600 of the current criminal procedure regulations will be determined. By virtue of incorporating a control mechanism on abstentive opinions in this type of crimes, the review of the opinion by the superior prosecutor to ratify or revoke the decision of the chief prosecutor who is presumed to have acted objectively in the investigation of the case