LA AFECTACION AL DERECHO A LA DEFENSA TECNICA IMPUESTA POR LEYES 586 Y 1173 EN BOLIVIA

Abstract

This research paper aims to demonstrate that the modification to the Bolivian Criminal Procedure Code by Laws 586 and 1173 violate the Right to Technical Defense in the filing of Incidents and Exceptions.

Through an exegetic analysis of cases in which the laws indicated in the processes in which they were applied, being in force by the judge and being expressed by the technical defense; through the figure of this right as an exception or incidents; which related to the supremacy of the constitutional principles of hierarchy of the same regulations violate the right to defense of the parties.

These laws and how they affect due process are investigated from the review of the legal conceptual definitions of terms. The approach of these is justified with cases in which judges applied them, leaving the defense even sanctioned. From the inviolable right to defense, especially in criminal proceedings, it is concluded that the modification of the aforementioned laws, from the analysis of the word dilatory; will give rise to a Technical Defense without violating Due Process and defense

in the criminal process.