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STAGES OF THE CRIMINAL PROCESS: IMPORTANCE OF MATERIAL AND TECHNICAL DEFENCE

Abstract:

The absence of the defendant in the process entails affectation. There is information from the constitutional court and the national court of justice and criteria from criminal law writers on material and technical defense, which have shown the degree of importance of material defense. In order to guarantee the essential right that the victim has, the appearance of the defendant to any type of diligence is omitted, specifically in the anticipated testimonies. The main mistakes made by the administrators of justice around the defense lead to not acting as a guaranteeing judge of rights in due process and re-victimization within the stages of the criminal process. That is why the objective of the work is to discover the importance of material and technical defense in all stages of the criminal process to ensure the constitutional guarantee of due process and procedural truth. The inductive, deductive, analytical-synthetic, and logical historical method was applied for an adequate confrontation between the documents and defense cases. An analysis was carried out where the main result is that the appearance of the material defense is essential in all criminal proceedings.