Vulneraciones al proceso penal dentro del archivo fiscal según el artículo 587 del COIP.

Abstract

The present investigation has as antecedent that in the Organic Code Comprehensive Criminal in its article 587 does not exist a limit for the request of archiving of the criminal investigation, and this lack of limit extends in the consultation of the judge to the superior prosecutor. Therefore, the objective of this investigation is to substantiate and demonstrate the theoretical - legal assumptions of the violations to the criminal process by recurrent requests for a criminal investigation by means of a fiscal file, specifically to the principles of minimum criminal intervention, presumption of innocence, which relate to the guarantees of due process and legal certainty. The methodology is represented qualitatively, especially by the deductive, inductive, analysis, synthesis and logical historical methods. The results of this investigation show that the wording of the article in question affects the aforementioned guarantees. Consequently, the proposal of this investigation is the reform of Article 587 of the Integrated Code of Criminal Procedure, with the purpose of limiting the request for the prosecutor's file and consultation of the criminal justice judge, so as not to violate the right to presumption of innocence of the person investigated and the principle of minimum criminal intervention, when investigating the same crime that does not have merits to charge, and thus initiate a criminal action unfounded.