LAS GARANTÍAS AL DEBIDO PROCESO EN EL PROCEDIMIENTO DIRECTO REGULADO EN EL COIP

Abstract

The purpose of this article is to propose the necessary legislative changes for the improvement of the direct procedure as the only way to guarantee due process and legal certainty within this procedure. The study of this causes us to affirm that there are violations of due process in the way that this procedure is currently under Article 640 of the COIP, and specifically in the right to defend the accused. In order to arrive at the result the present investigation was developed from three fundamental parts, the first one to explain from a theoretical conception what is the due process and the constitutional guarantees that configure it. The second is related to the analysis of the violation of these guarantees in the direct procedure established in article 640 of COIP. The third is directed to the analysis of the interview made to legal operators and finally the academic proposal to carry out a future reform of the procedure studied and its adherence to the norms of due process. In this research were used as scientific methods analysis-synthesis and induction - deduction, theoretical-legal, exegetical-legal and content analysis, as well as the technique of surveys.