Vulneración al debido proceso en casos de incumplimiento de reglas para el comiso en la acción penal

Abstract

The Supreme Court of Justice as a closing body, has highlighted the importance of the confiscation as a procedure to be requested by the judicial officer, in the institution of legality control over the elements seized for that purpose, to avoid excesses contrary to the law and avoid future nullities and violation of fundamental rights, based on this the jurisprudential line of the Supreme Court of Criminal Cassation Chamber specifies the rules and sub-rules giving clarity of why, for what and what this precautionary measure rests with. For its analysis, in this article the jurisprudential line has been reconstructed where this legal problem is solved. The right to due process is violated when judicial operators have seized assets without clarifying what the object of the seizure was or on which seized property proceeded. Said measure? Starting from the archimedic judgment that serves as a point of support until arriving at the founder, describing them one by one starting with the founding sentence until arriving at the archimetics in order to expose the criteria established by the Court to guarantee protection due process through a dynamic analysis of jurisprudence, which describes outstanding aspects set out in the most emblematic measures, to obtain as a result an article that clearly establishes a straight jurisprudential line of the Supreme Court of Justice that resolves any doubt that there is about the procedure to be exhausted with respect to the assets seized for confiscation purposes.