Las Garantías del Debido Proceso en la Investigación Pre-Procesal y Procesal Penal

Abstract

Due process, which is considered as the constitutional right around which the criminal law revolves, owes its existence to the constant struggle of the citizens to preserve their freedom, their life, their physical integrity and equal access to justice Of conditions, to prove the truth of the facts, because not always a criminal fact will depend on the will of the author, being able to become the crime the consequence of the fact described as preteritencional crime, the fortuitous event, force majeure, mental problems Author, etc. It is each of these assumptions that require a thorough investigation in which the Prosecutor will do his part, which consists of accumulating evidence of charge and rarely perhaps will determine a dismissal as the law orders to finally accuse the person who has been indicted As an accomplice or concealer, who at this stage of the process will be already morally and economically depleted to face the State.