The special hearing on protection of constitutional guarantees, in the extension of the term to investigate, in the Nicaraguan criminal process

Abstract

In the inquisitorial criminal procedure system, the constitutional guarantees of the accused were scarcely guaranteed since the judge exercised investigative powers, which excluded due process. The accusatory procedural system, which breaks with a system that violates the rights of the accused, even with the guarantee in court of the rights of the accused established in the Political Constitution, did not fully guarantee the participation of the defense in the investigation phase carried out. effect by the National Police and guided by the Public Ministry, for a future accusation, even though it has been established in our country that the investigation acts are a material part of the criminal process even though it does not formally exist yet, because although the Public Ministry and The National Police are not jurisdictional bodies, they carry out a typically procedural activity in order to support the requesting activity that arises before the court, in addition to these bodies, in their criminal prosecution activity, could affect people’s fundamental rights.The new special hearing for the protection of constitutional guarantees allows the guarantee judge to authorize or validate acts of investigation in the complementary investigation phase requested by the Public Ministry, and thus minimize or eliminate abuse or arbitrariness.