La identidad revelada de los presuntos infractores de los delitos flagrantes frente a la vulneración del derecho a la identidad.

Abstract

This paper focuses on identifying the social problem present when media reveal to the public the identity of people who have been apprehended in flagrant crimes and still do not have a final conviction that rules against their innocence. In contrast, the public points out their guilt. This problem appeared during the reform introduced to the COIP on December 24th, 2019, with the police proceedings, actions and the media lynching of society that led to social guilt. The flagrancy allows determining the commission of a crime when a third person has observed it and if its apprehension has not occurred beyond twenty-four hours. Following a qualitative approach, a cause to study this problem is to demonstrate the violation evidenced in this type of actions by the press through the analytical-synthetic method, specifically the right to privacy and innocence, honor, and reputation. In this sense, the law states that everyone is innocent until a final conviction proves otherwise. Therefore, no person can be judged as a criminal by a previous trial. Finally, national and international regulations were detailed, and a legislative comparison was made with several countries on the rights of privacy and innocence in situations of apprehension of flagrant crimes.