Análisis de la vulneración del debido proceso y el derecho a la defensa del procesado como resultado de la detención con fines de investigación

Abstract

Abstract: The present thesis entitled "Analysis of the violation of due process and the right to defense of the accused as a result of detention for investigative purposes", is the result of the study carried out of the affectation that has occurred in the rights of the prosecuted person, when the prosecution requests the precautionary measure of detention in order to get the version of the person prosecuted. However, the nature of his claim lies in the fact that a few hours after the arrest was made, the start of the investigation stage was requested through the hearing to formulate charges, in which, without the appropriate motivation and without having exercised full right to defense and the contradiction principle, they order preventive detention is issued against the accused. In addition, prior to holding a hearing, it must be notified 72 hours in advance, and by doing so in less than 24 hours as if it were a flagrant crime, it prevents the prosecuted party from preparing its technical defense effectively, violating its right to defense and by not acting in accordance with the established procedure, the right to due process and the right to defense are violated.