Las actuaciones fiscales en la fase preprocesal y etapa procesal penal desde las garantías jurisdiccionales

Abstract

Abstract: The Constitutional Court, in its ruling 2231-22-JP/23 of June 7, 2023, issued binding precedent regarding the jurisdictional control exercised by criminal judges over so-called non-jurisdictional acts, stating that the prohibition on challenging judicial acts or actions of judges in the exercise of jurisdictional functions extends to any element of the "teleological unity" of a process that will conclude with a jurisdictional decision. In this context, these actions must be heard subjectively by the competent judge, that is, the natural judge; and objectively, respecting the structure of the process in observance of its own procedure, that is, of criminal proceedings, as indicated by the Court in its ruling 2706-16-EP/21. The aforementioned, in order to guarantee the internal and external independence enjoyed by the Prosecutor's Office within the scope of its constitutional and legal powers in the monopoly on pre-trial and procedural criminal investigations, ratified in ruling 3638-22-JP/24, which determined that no authority outside the jurisdictional jurisdiction may intervene in the investigative activities of the Prosecutor's Office.