Derecho a la defensa en el procedimiento directo en delitos de tránsito

Abstract

The present investigative work has its origin in the rights violation suffered by people prosecuted for crimes of transit, when their right to defense in the Direct Procedure is aggravated; this type of procedure does not comply with all the procedural guarantees that must be guaranteed to the procedural subjects; noting that only the accusing party benefits. The methodology applied in the present investigation was field through the application of surveys to legal professionals, in addition to the collection of bibliographic data and the analysis of similar cases that have relevance at the national level. As the main conclusion of the investigative work, it was evidenced that in the granted term it is unlikely that all the elements of charges and defense will be known by the Office of the Prosecutor, so that the principle of objectivity that should be fulfilled will not be fulfilled. To exist in an accusatory system. The application of the Direct Procedure is obligatory whenever it is in the crimes considered in article 640 of Criminal Integral Organic Code, which entails that there is an inequality between the protected rights of the accused in an ordinary procedure and in the direct procedure.