El procedimiento directo y su incidencia sobre la tutela judicial efectiva y el derecho a la defensa.

Abstract

The exercise of the right to defense within the conduct of this special procedure, called direct procedure, as provided for in art. 640 of the Comprehensive Organic Criminal Code, has been violated because there is no reasonable term for the procedural parties to build their cases and obtain the elements that allow them, in the case of the Prosecutor's Office, to accuse correctly; the defendant, prepare his defense; and, the victim, seek comprehensive reparation for their violated rights. The general objective of this research work is to establish a reform to article 640 of the Comprehensive Criminal Code, establishing a reasonable period of time in criminal investigation in Direct Procedure, so that all those involved in the machinery of the criminal justice system can collect more evidence than they can find the truth, and responsibility can be correctly determined or not, in the commission of an illegal act, and the victims can be reassured that their perpetrators have been correctly punished. The methodology has a qualitative approach that will allow us to observe the legal impact that the term of the criminal investigation within the direct procedure has on the social conglomerate and its incidence on the right to defense and the basic guarantees of due process, on the norms, the doctrine and jurisprudence, as well as knowing the opinion of the experts in criminal matters: interviewees, their appreciations, details and recommendations on the subject raised. It is concluded that the reform of article 640 of the Comprehensive Organic Criminal Code is necessary to guarantee the exercise of the right to defense, since by changing the term established to substantiate the direct procedure with one that can be considered reasonable, they will obtain the elements of conviction for charge or discharge promptly, within an effective and efficient criminal investigation.