Affectation of the Right of Defense of Accused of Organized Crime in the intermediate stage

Abstract

This investigation aimed to determine the causes that affect the right of defense of those accused of organized crime in the intermediate stage of the criminal process. Its type was descriptive, its design was non-experimental, the population was 115 subjects operating the criminal justice system, from which the sample of 89 subjects was drawn, the instrument used was a questionnaire. 93% of the sample agreed that the causes that affect the right to defense of those accused of organized crime in the intermediate stage are the deadline for transferring the accusation and the notification of the accusation. Conclusions: in the process for organized crime, the accused's right to defense is affected because the 10-day period to acquit the accusation is very short, so that the accused's defense can analyze the means of conviction and the steps taken during the preliminary proceedings. and preparatory investigation in order to substantiate any of the eight actions authorized by article 350 of the Criminal Procedure Code, and; because the acquittal of the accusation presented is considered untimely, computing the period from the notification by electronic mailbox and not from the notification by ID card. It is necessary to modify paragraph 1 of article 350 of the Criminal Procedure Code establishing that: the period to acquit the accusation in organized crime crimes will be thirty days and the period to acquit the accusation is computed from the business day following the last one. notification.