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La motivación del fiscal en la formulación de cargos.

Abstract:

The formulation of charges must comply with those guidelines established in article 595 of the COIP, without prejudice to the observance of the guarantees of due process established in the Constitution of the Republic. The central problem is whether the resolution of the imputation carried out by the prosecutor complies with the parameters of the motivation. The investigation is oriented to the harmony between the formulation of charges, with the constitutional rights, specifically in the guarantee of the motivation, as part of the right to defense. To do this, the methodology used was qualitative, which allowed the analysis of the doctrine about the imputation and the right to motivation; Along the same lines, it was possible to analyze the constitutional and ordinary regulations and the jurisprudence of the Constitutional Court. In the same way, interviews were conducted with prosecutors and experts in criminal law, regarding the issue addressed. Through the discussion of the results, it was possible to obtain data about the purpose, legal basis, characteristics, errors and satisfaction of the motivation in the imputation made by the prosecutor. The contribution of this work consists of a criterion to verify the motivation in the formulation of charges, which includes the parameters of reasonableness, coherence and understandability. The conclusion reached is that the imputation must comply not only with the requirements established in the law, but also with the presuppositions of the motivation, as a means of control and exclusion of arbitrariness in the resolutions of the public power.