Keywords
accusatory system
Investigation
Opportunity Principle
International Standards
Agreements
Control of Guarantees judge
transaction
preliminary hearing
evidences
oral trial
warrant
equal opportunity
judge
How to Cite
Abstract
Within the prevailing need to carry out the adjustments tending to a reform of the legal frame, space was opened towards a long road founded in the struggle to implement a better form of imparting justice culminating with the issuance of the Legislative Act 03 of 2002, which, by means of the institution of the Constitutional Writing Commission gave a green light to the initiation of an accusatory system, implemented under the expectations of a better and more prompt justice, putting an end to a show system where the scourge of the impunity was predominant. This new system presents an investigation where the functions of the office of the public prosecutor are strictly delimited and a role of accusing part is reserved for it, in charge of directing the performance of the investigation organisms in charge at the same time for the recollection of the fundamental evidential material in this new system; the figure of the pre-agreements instituted as well as the principle of opportunity, tending towards making the courts less crowded and offering swiftness to the terms; also the figure of the control of guarantees judge, who acts in obtaining the constitutional and legal guarantees of the investigated, supervising and making way for some activities carried out by the prosecutor office, all united to the international parameters that frame the nature of the new system; all this attending to the constitutional protection of the presumption of innocence, fundamental aspect of the development of oral judgment, as well as having precedence the equality principle between defense and accusation.
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