Due process guarantees include a number of guarantees that must be respected at all stages of criminal proceedings, given that procedural rights and guarantees that are part of the fundamental rights of individuals include: the constitutional right to the presumption of innocence, the right to a natural and impartial judge, the right to defend free choice, not to be sentenced immediately, the right to challenge decisions, the reasons for judicial decisions, the multiplicity of instances, the right not to be punished without trial, among others. To assert the violation of the constitutional guarantee of due process, it is undoubtedly necessary to present the appropriate evidence so that the judge can decide what corresponds, whether in the Constitution or in the ordinary seat, and although it is a principle elevated to the rank of constitutional category, it must not be used and abused. Because often the lawyer who loses a case claims the violation of due process without evidence. Over the past few days, we have listened to various lawyers, professionals, lawyers, students, litigators, judges, prosecutors and on various social media about due process. As defined by Julián Pérez Porto, due process is a general principle of law that states that the State is obliged to respect all the rights that the law grants to each individual. The concept of due process is a translation from the English (“Due Process of Law”, in a phrase contained and extracted in the interpretation of the Fifth Amendment (1791) to the Constitution of the United States (of 1787) and revived more than sixty years later by the XIV Amendment (1868), which was declared one of the consequences of the Civil War in the United States. [Excerpt] Forfeiture: Loss of ownership of property due to the legal prohibition of possession. Order-in-Council: This is a court order intended to stimulate the development of the process by providing for simple procedural acts. Prisoners` Defense: It is the defense that accepts a collegial lawyer in a trial that represents the right to freedom, without coercion, to choose the most favorable professional help. Defence on the merits: This is a manifestation of the right of opposition by which the defendant infringes the claim that is the subject of the proceedings. Form defence: This is a manifestation of the right to object, with which the defendant challenges the validity of the procedural legal relationship by omitting or omitting a procedural budget or condition of the application. This is known as an exception.
Prior defence: This is a temporary legal obstacle to the continuation of the proceedings because a previous act has not been complied with or because there is an unresolved temporary obstacle. Defender: One who protects, defends or compares. It is the lawyer who defends the rights of a person in civil or criminal proceedings. Godfather who presides over the defense in a court case. Ombudsman: a person appointed by Parliament to receive and deal with citizens` complaints about malfunctioning administration. Court Counsel: A person appointed by the judge to defend and represent the interests of a minor or a disabled person. Deletion: Disclosure of a secret and confidential indictment of persons involved in the plan or act. Criminal offence: (criminal law) Typical, illegal and culpable act. An act that is characterized as such in the law, violates the law and in which the representative had control over the circumstances, that is, he did not develop any other behavior by will.
In that context, it was noted that in the so-called landmark cases, more than one lawyer for the accused or injured party had appealed to the court to respect due process guarantees for the alleged violation of a right or procedural guarantee, and that this issue had to be resolved according to the specificity of each individual case. According to various national jurists, due process refers to all the criminal and procedural guarantees that must be respected from the preliminary investigation phase to the conduct of criminal proceedings, the State, as the holder of criminal law, respects the rights of individuals at different stages. In his view, due process in this context is the principle that ensures that every person has certain minimum guarantees as to the outcome of a transparent trial, since the accused has the right to appoint a lawyer of his choice and, if he does not have a public advocate, he is appointed and is also heard by the judge or can also exercise his constitutional right to remain silent. Any judicial procedure, regardless of the legal discipline, which allows effective judicial protection, must have the minimum guarantees to be able to carry out a fair or clean trial, that is, the parties to the proceedings must have confidence in the judicial system that their procedure is always unfavourable, it will be conducted with all legal guarantees. And most often, it has been heard, in the so-called emblematic cases, which concern criminal proceedings, in which officials of politics, the judiciary and national sports are examined and tried. Over the past few days, we have listened to various lawyers, professionals, lawyers, students, litigators, judges, prosecutors and on various social media about due process. Basically, we will say that due process in art is expressly recognized. 139, paragraph 3, of the Political Constitution of the State and stipulate that the principles and rights of the judiciary, respect for due process guarantees and effective judicial protection are principles and rights. Respondent: A person against whom a complaint is made.
Plaintiff: A person who brings an action in court against another person who asserts a right. Denunciation: act by which the competent authority is informed of the imminent or committed act that is considered punishable. The complaint may be made orally or in writing. Police report: Law (of criminal procedure) informing the police authority of the commission of an offence for which intervention is required. Depositor: A person who gives something other than a deposit. Custodian: a person who receives a security right and undertakes to keep the physical object of the security right and return it at the request of the depositor. Law: Binding rules in a particular company. Right of increase: In inheritance cases, we talk about the legal capacity of the co-heirs on vacant estate shares to have renounced them or not to be able to acquire one.
Fundamental rights: A set of powers and freedoms guaranteed by the courts and recognized by the Constitution to the citizens of a given country. Contempt: ignorance, insult, lack of consideration and respect for the authorities in the exercise of their responsibilities. / An offence committed by a person who insults, threatens or insults a public official and violates the dignity of his office. Eviction: the process of compelling the precarious occupant of property to leave it for reasons established by law; Sometimes with the use of official authority. Eviction: The process of forcing a tenant to voluntarily vacate the property they occupy. Privilege: The number by which the holder of a mortgage dies, his heirs are free of debt. Disinheritance: A testamentary disposition by which a person deprives his forced heirs of their inheritance rights. For this reason, various jurists agree that due process is a basic principle, in which procedural rights and guarantees are respected in order to ensure an appropriate procedure of the parties to the proceedings if the proceedings end with a verdict that may be of a reprehensible or acquittal nature, i.e. in a court case, There is a loser and a winner. The national judiciary tends to believe that even a litigant who loses a case understands that his or her trial was fair and transparent, that is, that he or she respects due process guarantees. Any person subject to a criminal investigation must, from the outset of the preliminary investigation, have absolute certainty that his investigation, investigation and prosecution will be conducted with the absolute impartiality and independence of judges if, in the performance of their duties, they violate the essence of the constitutional guarantee of due process; annuls all criminal proceedings. According to Silvia Chang Chang, this means that everyone has the right to a fair and transparent trial, respecting the rights and guarantees that help him, the investigation must be conducted by the holder of the commission of the crime, who must finally bring a duly substantiated accusation.
Next, the public, oral and adversarial procedure is developed and, finally, the relevant decision must be duly reasoned by the competent court.
