DEFENSE INVESTIGATION ACTS AND ITS TOOLS IN LAW 906/04

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Derecho penal para todos!! Escobar Jiménez Miguel

Published on Aug 7, 2016
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In this video I briefly analyze the issue of the defense's acts of investigation; as a point of reference the sentences of the CSJ, seat of criminal cassation, filed 42802 of 2013, MP DR. FERNANDO ALBERTO CASTRO CABALLERO and 35432 of 2010, MP DR. SIGIFREDO ESPINOSA PÉREZ. The defense and the accused have several legal tools according to law 906/04, but article 8 states that the accused has the same conditions as the accusing entity; the judge of guarantees control, not only limits the actions of the Prosecutor in relation to the restriction of fundamental rights, but under the principle of equality of art. 4, watches over those people who are in an unequal situation, including the defense, who in the system of accusatory and adversarial tendency, is on equal terms with the Prosecutor, thus, he can request the judge to authorize in certain events, in order to obtain EMP on equal terms with the accusing entity.

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