The logic of personal coercive measures in adversarial accusatorial systems. Practical aspects

Aspectos prácticos

Abstract

With the advent of adversarial accusatory systems in most of the provinces of our country, and the imminent application in its entirety of the Federal Criminal Procedure Code –from now on CPPF-, the logic of personal coercive measures, as well as the role of the parties in their configuration and determination, acquire specific notes that must be known and understood for a correct and efficient functioning of the new system. This paper will make a detailed analysis of the topic, taking up the role that the Public Prosecutor’s Office must assume in an accusatory system, the necessary proactive activity of the defense and the impartial but active nature of the judge who intervenes as the guardian of procedural and constitutional guarantees. In this sense, we will address the importance of the accreditation of the material or “factual” budget and the procedural risks to be weighed, such as the risk of flight and obstruction of the investigation. Highlighting the novel inclusion, recently approved by National Congress, of the concept of “repeat offense,” based on the normative regulation of the CPPF.