The contradictory and full defense in the police investigation

Abstract

the police investigation constitutes a previous procedure carried out for the investigation of crimes seeking their authorship and materiality. In the investigative procedure, several acts are carried out that aim to substantiate the filing of a lawsuit. Arguing that the police investigation is not intended to judge the accused, they still try to justify the presence of remnants of the inquisitorial system such as curtailing the defense, sometimes failing to observe, in full, some constitutional principles in this phase of prosecution criminal law, such as the right to adversarial proceedings and full defense. However, based on the solidified Democratic State of Law, it is not admissible that the principles of the contradictory and full defense are not applied in acts that involve the attribution of a criminal act to someone, which is why a constitutional re-reading of the police investigation must be carried out. It can be concluded that there is a need to guarantee the effective observation of the principles of the adversary and full defense of the investigative process, adapting it to the molds of the current Constitution and the Democratic State of Law.