El Procedimiento abreviado en flagrancia y la vulneración del derecho a contar con tiempo necesario para preparar la defensa

Abstract

The investigative work is based on the fact that the summary proceeding is part of our legislation and aims at judicial expediency, decongesting judicial caseload, avoiding re-victimization, and applying a reduced sentence to reintegrate the convicted individual into society. It has been reserved for crimes punishable by up to 10 years of imprisonment and can be initiated from the arraignment hearing to the sentencing hearing. It was conducted qualitatively, as it was theoretically and legally considered that it could be applied from the arraignment hearing within twenty-four hours in a situation of flagrante delicto. The inductive-deductive, analytical-synthetic, and dogmatic methods were used, and the research technique was the bibliographic review. It was determined that when applied in flagrante delicto, which concentrates all the phases of a criminal process, the detainee's rights are violated, as they do not have sufficient time to prepare their defense, which is a constitutional right and guarantee that must be ensured in every judicial proceeding. When people enter as detainees, they are processed, precautionary measures are dictated, and they are sentenced within twenty-four hours; therefore, it is considered that the regulations must be reformed to ensure that their rights are not violated and that the process is in line with the Constitution.