Análisis del Derecho a la Defensa y su Vulneración en el Procedimiento Directo

Abstract

With the implementation of the Organic Penal Process Code, the legislator resolved to criminalize special procedures in order to seek a quicker and less punishable justice, in particular, to the Direct Procedure, which is the one that applies for offences defined as flagrant and for which the sanction is no longer than five years' of deprivation of freedom and equally applies to property crimes where the prejudice does not exceed thirty basic salaries, once the flagrante has been established, the time needed for the defendant to provide the required proof is very limited, from a constitutional point of view violates the right to defense, not because it applies the principle of celerity, is left in defenselessness to the process as an adverse procedural subject on whom the state legal apparatus lies.