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Study of the relevance of the judicial processes in the crimes of slander in the absence of the accused; to guarantee the right to defense of the defendant, with the use of the neutrosophics ahp method

Abstract:

The investigation work is justified by the need to guarantee the right to defense of the parties at all stages of the process, referring explicitly to the special procedures that came into force with the Comprehensive Criminal Organic Code; in the study of case No. 1208-2014 in which the National Court of Justice in its resolution No. 0032-2015, declares the nullity of all actions for not having safeguarded the right to defense of the defendant, having held the trial hearing in his absence, leaving him in a state of complete defenselessness. Applied research presents the legal academic community with the relevance of carefully analyzing the rights of the defendant at the trial hearing when he is in his absence despite being defended at the hearing by a public defender. The technique known as neutral AHP was applied. This is a variant of the numerical AHP designed by Saaty, which by incorporating the neutrosophics sets, takes into account the uncertainty of decision making, in addition to the calculation with linguistic terms and the inclusion of the element of indeterminacy. This technique applies two alternatives, if it is appropriate to analyze the legal process or not. It is not a simple task and requires a mathematical tool of this type because of the number of aspects that must be evaluated.