La detención con fines investigativos y el derecho constitucional a la defensa.

Abstract

The violation of constitutional law, regarding the right to defense is caused by not having the time and means necessary to prepare the defense within the 24h00 that the detention lasts, the Prosecutor's Office makes the respective request for the formulation of charges as a consequence the criminal judges or judges give way to the prosecutor's stage with the initiation of the formulation of charges to the investigated within the 24h00 that the detention lasts for investigative purposes. In the present research work, the historical background of the right to defense, its definition, purpose is raised. Also the methodology that proceeds to apply, in the progress of the present investigation was of a qualitative nature. The theoretical methods used were the following: descriptive, analytical - synthetic. The empirical level method used was: documentary analysis. The applied methodology gave way to the determination of the inconsistencies of the existing regulations, a fundamental step for the violation of constitutional law. It is not enough that the right to establish the right to defense is established in the Constitution and in instead, it is imperative for the normative and legal prerequisites to be in place for the exercise of this constitutional right in the context of detention for investigative purposes, whether in International Instruments or under the law. Given the aforementioned and as a result of the investigative line, the need to propose a reform to Article 530 of the IOC (Integral Organic Code) regarding detention has been evidenced, since it is not a means to start the fiscal stage.