La vulneración del derecho a la defensa en el procedimiento abreviado, según la resolución de la Corte Nacional de Justicia 09-2018

Abstract

The present study entitled: The violation of the right to defense in the abbreviated procedure according to the resolution of the National Court of Justice 09-2018, is conducted to identify the violation of the right to defense in the application of the abbreviated procedure since it is not performed in all stages of the criminal process. For this purpose, the general objective is taken into account to determine when such violation occurs, based on the development of each of the specific objectives. The research is a qualitative study that starts from the doctrinal analysis and the theoretical deepening through the bibliographic and documentary review whose scope is exploratory and the methods used are: the analytic-synthetic, the critical method, and the inductive-deductive. Among the most important findings, the normative interest of attending to the efficacy and not the guarantee through this type of special procedure stands out; likewise, the resolution of the National Court of Justice 09-2018 does not attend to the need of incorporating the defense to all the stages of the criminal process, being this limitation, an attempt to the right to defense contemplated in the Constitution of the Republic. Therefore, based on this investigation, a revision of the norm is suggested to make the pertinent changes by virtue of complying with the fundamental rights and guarantees that increase confidence and legal security with the legitimate recognition of the right to defense in each of the stages of the abbreviated procedure.