Aspectos controversiales de la audiencia de acusación
This article will study the most significant issues that arise in the hearing of accusation, such as those that arise from the addition of new facts that were not they coiled by the prosecution in the indictment hearing. This is a violation of the defendant’s right of the accused because he is being...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2019
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7485877 |
| Source: | Revista Juridica Mario Alario D'Filippo, ISSN 2256-2796, Vol. 11, Nº. 21, 2019, pags. 19-28 |
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| Summary: |
This article will study the most significant issues that arise in the hearing of accusation, such as those that arise from the addition of new facts that were not they coiled by the prosecution in the indictment hearing. This is a violation of the defendant’s right of the accused because he is being surprised with facts that he did not have the opportunity to defend himself. Thus, we’ll propose a possible solution to validate such a situation without the end of reaching a nullity. It will also analyze the most common mistakes made by prosecutors when capturing legally relevant facts, which is the factual hypothesis that frames the criminal category. On the other hand, we’ll analyze the normative gap that our criminal procedure statute has respect to the withdrawal of the indictment and finally we will explain why it is not possible to request the nullity of the indictment. |
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