El proceso penal y el principio de presunción de inocencia de las personas privadas de libertad

Abstract

This research deals with the criminal proceedings and the principle of innocence of persons deprived of liberty that after a confirmatory judgment of innocence regained their freedom. It is common knowledge that these people during the time they were deprived of their liberty have unfairly lost their jobs and suffered psychological and moral damage they and their family, because when the company learned that are deprived of freedom it generates a immediately subject to discrimination. The problem is that during the time of imprisonment the presumption of innocence of these people was violated because they were always innocent. As there is a violation of Constitutional rights should also be compensatory measures for people who suffered such an infringement. The Code of Criminal Integral Article 238 establishes only compensatory measures for victims of crime but does not establish compensatory measures for those who remained in detention during criminal proceedings and sentence by innocent ratified. Legislators do not realize this reality because when establishing remedies in criminal proceedings only thought about the victim of a crime and but not in those who remained unjustly deprived of their liberty, leaving aside the violation of the right presumption of innocence that suffered these people, leaving them obliged to claim damages by civil courts, which generates economic cost for the state and for the plaintiff to solve the process and also involves use of time for processing of process.