La inconstitucionalidad de la formulación de cargos en la detención con fines investigativos

Abstract

When a crime is committed, individuals are criminally prosecuted. Therefore, it has been established that "(...) only a judge or authority shall be competent to judge a person, provided that the respective procedural safeguards for each proceeding are observed (...)" as stipulated in numeral 3 of Article 76 of the Constitution of the Republic (hereafter referred to as the "Constitution"). Power entrusted to the Attorney General's Office in accordance with Article 195 of the Constitution. The Organic Integral Penal Code (hereafter "COIP" by its Spanish acronym), establishes certain powers for prosecutors in Article 444, outlining specific procedural rules that must be followed to uphold principles and rights. One of these rules is found in Article 575 of the COIP, which establishes reasonable notification periods for scheduling a hearing (...). The rule states that notifications cannot be less than 72 hours, with exceptions. However, as of March 29, 2023, a reform of that rule (Article 575) was enacted, allowing for a hearing for the formulation of charges when detention has been ordered for investigative purposes. This reform has sparked significant debates, as the previous rule required at least 72 hours’ notice for scheduling a hearing, whereas the reform now permits a notification period of only 24 hours when the detention was performed for investigative purposes. Keywords. - detention, charging formulation, procedure, denaturalization, rights