Vulneración al Debido Proceso por la falta de notificación en la audiencia de formulación de cargos en delitos no flagrantes.

Abstract

The present work is of the utmost importance since it is possible to observe a type of violation that happens frequently and that has been established since the entry into force of the COIP, since it shows the violation of due process due to the lack of notification (knowledge) In the hearing for formulation of crimes in flagrante delicto, when the hearing is installed and carried out without the apprehended party being legally notified in the peremptory time that the law, the constitutional rights are violated in the guarantee of the right to defense and relatedly others constitutional provisions. It is worth mentioning that the supreme regulation violated in these cases is the constitutional principle, of article 76 of the Constitution, due to not having the due time and opportunity to be able to exercise the legitimate right to defense by the alleged offender. Our objective is to find a way to correct this practice, using the available mechanisms, because if we do not do so, we would be obtaining that the due process does not comply with the essential formalities indicated in the constitutional and infra-constitutional norms.