La vulneración del derecho a recurrir en la exclusión de medios de prueba en la audiencia de evaluación y preparatoria de juicio.

Abstract

The present investigative work has had the purpose of carrying out a study of the exclusion of means of evidence in the preparatory hearing for trial within the ordinary procedures in criminal matters. In accordance with current regulations, it has been concluded that there is no legal basis for challenging the decision made by a judge when he decides to remove from the means of evidence, something that, in his sole consideration, is contrary to the law or the Constitution. In addition to the fact that the judge must carry out this analysis as a Judge Guarantor of rights, it is no less true that he does not allow his decision to eliminate any means of evidence to be reviewed. All this under the provisions of the Constitution where the guarantee that there will be double compliance is indicated in order that there is consent on a resolution by several judges. It has been possible to conclude that the vulnerabilities lie precisely in constitutional rights such as the one already mentioned, but in turn, in the exercise of the right to defense. Finally, it has also been established that effective judicial protection is limited by a fact that does not allow saving that it is the judge himself who commits a determining affectation to the process and to the procedural parties. A reform has been suggested in the articles of the pretrial and challenge hearing.