Articulo
Articulo
Articulo
ABSTRACT
Our criminal justice system is exposed to risks in what is related to
erroneous convictions in the use of abbreviated procedures with
acknowledgments of said responsibility. The elaboration of this
investigation is intended to determine if there are elements that have been
described in the comparative experience as those that increase the
probability of generating erroneous convictions. The Criminal Process has
as its essential purpose the demonstration of the existence of a criminal
type and the determination of the responsibility of its authors or
participants and, therefore, all criminal proceedings should conclude, in
principle with a definitively firm sentence that condemns or acquit the
defendant, but only after all phases, instances, states and degrees of the
process, provided for in our legislation, have been exhausted. Based on
the aforementioned, it is necessary to remember that the Venezuelan
State is obliged to guarantee effective judicial protection to all citizens.
Understand that being in criminal proceedings as a defendant is in no way
a condition of early guilt, because the Constitution guarantees the right to
innocence until conviction, through guilt based on evidence and bound
with unlimited respect for trial appropriate. The abbreviated procedure
aims to obtain sentences quickly and economically, contributing to the
efficiency of the system, since it only allows the most serious trials and
those that cause the greatest social upheaval to be those that ultimately
need and must be proven, thus obtaining saving of resources and time,
visualizing as if the penal system, will only be based on a budgetary
calculation destined only to a certain percentage of cases that must be
investigated through the ordinary procedure.