Preclusión de la investigación en el sistema penal acusatorio

Abstract

The preclusion of the investigation in the Accusatory Criminal System is an institution established in article 331 of the Code of Criminal Procedure, and is conceived as the figure by which the criminal action is terminated without the completion of all procedural stages. Either because there are no material evidence to support the accusation or the accusation, or because some situation arises that objectively prevents the accusation from continuing. It is clear that the lack of material evidence leads to the request for preclusion or the filing of the case. “In other words, and from the point of view of the accusation, there will be merit to formulate a statement of charges (accusation), in accordance with numeral 5 of article 250 of the Political Constitution, when two requirements are considered fulfilled, that is, the reasonableness and the sufficiency of the evidence.” (Bernal and Montealegre, 2013, p.733). Our legal system also establishes that the estoppel must be presented before the Judge of knowledge and has the effect of res judicata, article 334 of the C.P.P. This being the case, estoppel must be understood as an abnormal form of termination of the process, which, unlike the filing of the investigation as another anticipated form of termination of the process, it unconditionally terminates the criminal action. It is presented, upon proving one of the preclusion grounds established in article 332 of the C.P.P, always preserving due process, the right of defense and contradiction.