Vulneration of the right to due process in the application of the abbreviated procedure in criminal matters

Abstract

The following article aims to analyze the constitutionality of the COIP norms. These are related to the abbreviated criminal procedure in compliance with the guarantees of the right to due process. Therefore, a descriptive study of a bibliographic review type was developed. In addition, a methodological strategy that responds to the qualitative paradigm is proposed. On this basis, it was necessary to use scientific research methods: exegetical and analytical-synthetic. Also, the use of content analysis technique. Consequently, the interviews made it possible to determine that the abbreviated procedure involves several rights, guarantees and principles enshrined in the Constitution and the Pact of San José de Costa Rica. They are: Human Rights by violating the right of every syndicated person not to be forced to testify against himself; the presumption of innocence; the principle of burden of proof; the principle of equality of arms; the principle of justice; the effective certainty of guilt; the reasonable term and the accreditation of the procedural truth. The above, evidence the existence of cracks in the abbreviated procedure that contradicts the postulate of an authentic State of law and justice.