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The prosecution and the right of defence as a guarantee for the accused

Abstract:

The work includes the study of the fiscal instruction and the right of defense as a guarantee of the defendant, to determine if once the criminal process is initiated, in its first stage, the referred right is guaranteed, considering that legally there are two types of defense, the technique that is in charge of the defense lawyer of his choice and confidence, and the material exercised by the defendant alone in each of the judicial proceedings and in particular in the hearings that may be held in the investigation, such as those for the formulation of charges, the reformulation of charges, the involvement of other defendants or those convened by the judge to review the precautionary measures. The right to defense is guaranteed by the supranational, constitutional and legal norms in force. In the development of the research, criteria are considered from experts who have carried out studies on the present topic, who make significant contributions to legal-criminal science. The results indicate the legal-procedural aspects, which should be considered in the prosecutorial instruction, in order to guarantee the right of defense of the defendant and the impacts generated by its violation on the administration of criminal justice.