Las medidas de seguridad en el proceso penal.

Abstract

Background: The present investigation belongs within the Procedural Law field. It is oriented towards the study of the imposition of security measures within the criminal process, regarding the deadlines for the presentation of the report stated in article 588 of the COIP, for the determination and declaration of non-liability of a suspect. The objective of this investigation is to determine the legal bases for proceeding in cases where a person with mental disorder, commits an illegal act in different circumstances, whether due to investigation, flagrances, private criminal action and contraventions. Construction of the social rehabilitation system. Within the methodology used in the research, theoretical methods where used, such as legal doctrinal, analytical and synthetic, as well as empirical methods. The obtained result in the investigation demonstrates the need for a reform of the criminal regulations regarding the deadlines for submitting the psychiatric report, determined in Article 588 of the COIP for the determination and declaration of non- liability; the process to follow in cases of flagrant contraventions and private criminal action, when the person who commits them has a mental disorder. As a conclusion, it is specified that the current criminal law is limited in reference to the procedure for the imposition of the security measure for people with obvious mental disorder. There is no uniformity, or clear rules on reports, deadlines, duration, as well as ignorance from Judges and Prosecutors; that is why a legislative innovation is necessary to lay the foundations for a reform of art. 588 of COIP, both in terms of deadlines, and the process to be carried out in cases of flagrant contraventions and the exercise of private action.