La aceptación de cargos en el proceso penal y las garantías

Abstract

The legal system establishes the acceptance of charges exceeding the constitutional terms set for the principles of opportunity and consensus; additionally, the majority jurisprudence has overturned the aims of the penal law when it sets a precedent on this subject. For this reason, it is imperative to study how this procedural institution should focus in light of the Law and the Political Constitution and to evaluate its legitimacy; in addition, if the guarantee of contradiction is fulfilled or not in such a way that it allows material access to justice of all the parties and interested in the criminal process. All this be warned, in order to build a just sentence that meets the purposes of criminal law and punishment and, naturally, that is not the result of renouncing the material truth.