Vulneración al principio dispositivo de la acusación fiscal cuando se excluyen los medios de prueba en el proceso penal.

Abstract

This investigative work focused on analyzing the exclusion of evidence in the preparatory hearing of a criminal trial. The doctrine, laws and jurisprudence applicable to the subject have been analyzed to identify that, despite the judge's obligation to guarantee fundamental rights, the current regulations do not establish a clear mechanism to challenge judicial decisions that decide to exclude evidence from the process. penal. This lack of legal recourse limits the right to defense and effective judicial protection, since it prevents a hierarchical superior from reviewing the decision of the first instance judge, even when it may violate the Constitution. The investigation carried out has revealed the need to reform the regulations that govern the preparatory hearing for trial. The lack of mechanisms to challenge the exclusion of evidence by the judge violates fundamental constitutional guarantees and restricts the right to due process, especially when the violations are faced by the holder of the public exercise of criminal action. It is proposed to modify the corresponding articles to establish a legal resource that allows carrying out a guarantee trial stage, by reviewing these decisions and thus guaranteeing effective judicial protection and other related constitutional rights.