The supply of the complaint and the amparo judgment: from the perspective of the mexican accusatory penal system
DOI:
https://doi.org/10.21501/23394536.3275Keywords:
Principles of contradiction, Principle of impartiality, Procedural balance, Indirect protection Substitution of the complaint.Abstract
This article presents analyzes as in the cases in which the indirect amparo trial is promoted and the act claimed is the connection to the process that is issued at the initial hearing and that is verifiable before the supervisory judge or, well, the control of detention, precautionary measures or the deadline for the closing of the complementary investigation. Should the judge of amparo consider that the principle of substitution of the complaint operates both in the accusatory criminal procedure and in the trial of fundamental rights? Should the indirect amparo trial that addresses these determinations be processed under the principle of strict right? Do these principles prevent the supervisory judge from supplying the deficiency of the complaint? Is there a real tension between these principles and the substitution of the complaint that governs the indirect amparo trial? If so, should the court judge declare the prevalence of one or the other in resolving the claim that is being promoted against the acts held within the initial hearing? These are some questions we pose in this legal analysis on the substitution of the complaint from the Mexican amparo trial and the accusatory criminal system.Downloads
References
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