System Of Criminal Procedure Research Articles

Research on the System of Effective Criminal Defense

This article, based on the current state of China’s criminal procedure system and with a focus on improving the quality of criminal defense, explores the construction of an effective defense system tailored to China’s national context by incorporating international concepts of effective defense and practices of ineffective defense systems from other jurisdictions. By analyzing the concept of effective defense and its procedural and substantive values, the article identifies issues in China’s existing criminal defense system, particularly regarding lawyers’ visitation rights, access to case files, and the role of duty lawyers. The article argues that introducing the principle of effective defense and establishing an ineffective defense system with clear standards for lawyers’ performance and remedial mechanisms are essential steps in improving China’s criminal defense framework. Moreover, ensuring the protection of lawyers’ rights is a crucial prerequisite for achieving effective defense. Through the institutionalization of the effective defense concept, the article aims to enhance the fairness and authority of China’s criminal procedure system, thereby advancing the high-quality development of the rule of law.

Звільнення від кримінальної відповідальності за кримінальним процесуальним правом

This research article discusses problem of crime in contemporary Ukrainian society and ways to address it through the application of alternative responses to criminal offenses, particularly exemption from criminal liability, are considered. The mechanisms and practical aspects of applying this institution in Ukrainian criminal procedural law are analyzed. This article pays special attention to the role of various subjects of the criminal process, such as the court, the prosecutor, the victim and the suspect, in making a decision on exemption from criminal liability. Contemporary trends in improving legislation and the practice of applying alternative forms of response to crime are highlighted, aiming to ensure a more effective and humane judiciary and legal system. In today’s Ukrainian society, the problem of crime remains one of the most pressing and acute. Despite constant changes in society, development of the legal system and improvement of criminal procedure, crime continues to accompany the existence and development of humanity. Crime is one of the most pressing problems for every individual and for modern society as a whole. The problem of effective prevention of this phenomenon is the subject of constant attention of legislators and social and political activities, which requires constant improvement and coordination. Criminal liability is one of the tools to combat crime. However, in connection with the humanization and reform of the legal system, the issue of alternative forms of response to criminal offenses, in particular, exemption from criminal liability, is relevant. Thus, there is a need to study the mechanisms and practical aspects of application of this institution in Ukrainian criminal procedure law.

Peculiarities of the proof process in Japanese criminal procedure

In today’s open world, with the growing importance of the international component in the fight against crime, a legal professional naturally needs knowledge that goes beyond the national legal framework, including the institution of international legal assistance. Studying and comprehending the experience of criminal procedure in different countries of the world makes it possible to apply the relevant positive practices in Ukraine and improve the process of forming a legal culture in independent Ukraine. In particular, it is important to study the experience of criminal procedure in Japan, a country with the lowest crime rate among the industrialized countries of the world. Familiarization with this system should help to develop a comprehensive approach to improving criminal proceedings in Ukraine, which will contribute to the successful development of a democratic, social, and legal state. Currently, the process of combining different criminal procedural systems of the world is underway, but the Anglo-American system of criminal procedure has its own peculiarities that can be distinguished from other systems of criminal procedure. The criminal procedure legislation of Japan is quite specific. It reflects both continental and Anglo-Saxon models of law. In particular, the widespread use of precedent makes it similar to the Anglo-Saxon form, and the presence of prosecutorial supervision over the police during the investigation process - to the continental one. The problems of criminal procedural evidence are constantly attracting the attention of scholars. The scientific interest in the problems of collecting, verifying and evaluating evidence is not accidental and is explained by their importance for criminal proceedings. Evidence is a central, core component of criminal procedure. Proper evidentiary activity is a prerequisite for solving its tasks. Therefore, further research of both the general theoretical issues of criminal procedural evidence and its individual problematic aspects remains an important scientific task, the solution of which will contribute to improving the efficiency of domestic criminal proceedings and bringing them closer to European standards. The article examines certain peculiarities of criminal procedural evidence in Japan. The author examines the peculiarities of the process of proof at certain stages of the process, and analyzes the legal status of the subjects of proof. The materials of the article are of both theoretical and practical value. They can be used for further scientific research of the peculiarities of domestic criminal procedural evidence, as well as for proper understanding and implementation of its law enforcement criminal procedural activities.

Pretpostavka nevinosti okrivljenog kao element prava na pravično suđenje

Although the presumption of innocence has its roots in the rational criminal procedure of the ancient times, it should still be seen as a result of the modern criminal procedure system, i.e. the French bourgeois revolution and its first regulation in the 1789 Declaration of the Rights of Man and of the Citizen. It has always been the subject of interest of scientists and experts, and in recent years it has become one of the most popular topics on the legislative, theoretical and practical level. Due to its topicality, the presumption of innocence is the subject of this paper. In addition to the introductory notes, explaining the importance of this principle for the defendant, the paper also covers the definition of the presumption of innocence in international legal documents and national legislation, followed by different understandings about the legal nature and content of the presumption of innocence. Furthermore, the paper then analyses the presumption of innocence as an element of the right to a fair trial, which is based on three main pillars – that the defendant is treated without prejudice and bias, that the burden of proof is not on him, and that in case of doubt about the existence of the facts, the court always decides in favour of the defendant. Finally, the paper discusses respect of the presumption of innocence by extrajudicial entities, which is of particular importance for the mass media, where a journalist should morally condemn a criminal offense that exists based on a certain degree of suspicion, but not the person who has just been suspected or accused.

The Importance of the Institution of Private Prosecution for the Protection of Victims of Domestic Violence

Introduction: the presented paper analyzes the scientific and practical literature on the preservation of private prosecution as an institution in criminal proceedings from the perspective of protecting the rights, freedoms, and legitimate interests of citizens involved in the sphere of domestic conflicts, as well as contributing to the prevention thereof. In this regard, the purpose of the study of this legal category is a comparative legal analysis of the theoretical and applied positions on the need to preserve private prosecution in criminal proceedings and the development of the most optimal ways to improve this institution in order to balance the interests of justice and take into account the interests of citizens in resolving criminal law conflicts arising on domestic grounds, as well as protecting victims of domestic violence. Methods: the methodological framework for the research is based on general scientific methods (dialectical, systemic, structural and functional, logical, etc.) and specific scientific methods (formal legal, comparative law, etc.). Results: the problem of the insufficient effectiveness of private prosecution in protecting the rights, freedoms, and legitimate interests of citizens should be solved not by abandoning this institution but by simplifying legal proceedings and broadening the powers of a justice of the peace, including granting him the right to give instructions on the conduct of certain investigative actions by the body of inquiry. Subject to the foregoing, the institution of private prosecution as a way of protecting individual rights not only has the right to exist but also organically fits into the domestic criminal procedure system. Conclusions: in the fight against domestic violence, the efforts of the state should be focused on eliminating its causes, and abandoning the institution of private prosecution or leaving it unchanged does not correlate with these tasks. It is inappropriate to make the effectiveness of combating domestic violence dependent on the elimination or preservation of the institution of private prosecution. It should be recognized that a set of legislative, organizational, and methodological measures is required aimed at countering and eradicating such a social phenomenon.

Intersecções entre o Eficientismo Processual Penal e o Neoliberalismo

This article aims to address the meta-legal relations between the management of the speed of the criminal process and the social constraints arising from neoliberal reason. To this end, it is based on the premise established by Foucault and deepened by Dardot and Laval that neoliberalism has become socially rooted to the point of transmuting from a simple economic model to a rationality that spreads to the most diverse social fields. The work is guided by the question: are there harmful effects beyond the loss of quality in the motivation of decisions with the adoption of efficiency logic by the criminal judge? The objective is to verify whether the management principles of this reason may be harmful to the proper functioning of the criminal process. This is an exploratory, interdisciplinary research, based exclusively on bibliographical references. The conclusion is that there are no conditions for intensifying the pace of the criminal process without a loss of quality that is not only technical, but also democratic, since acceleration without other measures ends up catalyzing authoritarian clots that have never been completely expunged from the Brazilian system of criminal procedure.

The privilege against self-incrimination by legal entities in criminal procedures

The right against self-incrimination plays an essential role in the construction of an accusatorial criminal procedure system that legitimizes the jus puniendi. With the rise of models of criminal liability for legal entities in various jurisdictions, could this right be conferred upon them? What would be its scope in this perspective? This article, through bibliographic review and deductive theoretical method, first examines the extension of fundamental rights to legal entities. Subsequently, the focus turns specifically to the right against self-incrimination, investigating its foundations and nature. Based on this, the article examines relevant jurisprudence in the European Union regarding the right against self-incrimination, identifies key perspectives and divergences in its application to legal entities, ultimately providing considerations on the scope of this right in this context.

The privilege against self-incrimination by legal entities in criminal procedures

The right against self-incrimination plays an essential role in the construction of an accusatorial criminal procedure system that legitimizes the jus puniendi. With the rise of models of criminal liability for legal entities in various jurisdictions, could this right be conferred upon them? What would be its scope in this perspective? This article, through bibliographic review and deductive theoretical method, first examines the extension of fundamental rights to legal entities. Subsequently, the focus turns specifically to the right against self-incrimination, investigating its foundations and nature. Based on this, the article examines relevant jurisprudence in the European Union regarding the right against self-incrimination, identifies key perspectives and divergences in its application to legal entities, ultimately providing considerations on the scope of this right in this context.

The Position of the Principle of Legality vs the Principle of Opportunity in the Accemination of the Prosecutor's Demands in the Replic Agenda (Valencya Case Study at the Karawang State Attorney)

Withdrawing criminal charges against Valencya during a trial's replication stage has generated debate, seemingly balancing the principles of legality and opportunity. This issue is significant because the Prosecutor in the Valencya Case has effectively assumed the role of Legal Advisor. This study presents a descriptive analysis of normative research within the criminal procedure system. By detailing the placement of legal charges in the Valencya case, a thorough analysis is conducted regarding the Public Prosecutor's authority in determining the legality and the discretion to discontinue prosecution. The Principle of Opportunity justifies discontinuation efforts in charge acquisition, even when clearance requirements are conducted in the replica agenda. While prioritizing legal interests to achieve justice for victims, the principle of legality can be waived, aligning with the concept of restorative justice in the Prosecutor's Office agenda.

Қылмыстық сот ісін жүргізудегі сарапшы қорытындысы: халықаралық салыстырмалы талдаудың перспективалары

One of the main aspects of a complex and multifaceted criminal procedure system is the process of proof. Expert opinions play an important role in establishing facts, evaluating evidence, and making judgments. This scientific article is devoted to the study of international experience as an expert opinion in the process of proving in criminal proceedings. The purpose of the study is to analyze the international experience of using expert opinions and their impact on criminal proceedings. The study is of great scientific importance, as it contributes to understanding the role of expert opinions in criminal proceedings and helps in developing recommendations for improving this practice. The practical significance lies in the possibility of improving the evidentiary process, increasing the reliability of court decisions and ensuring fairness. The study uses a universal dialectical - materialistic method, general scientific methods (analysis and synthesis, induction and deduction, comparative, systemic), special methods (historical, specifically sociological) and individual scientific formal legal methods. Based on international experience, the factors influencing court decisions in different countries have been identified. The article defines the practical aspects of their application, contributing to an understanding of the role of expert opinions in criminal proceedings. This can serve as a basis for further research and recommendations to improve criminal proceedings. The results of the study can also be useful for lawyers and human rights defenders, as well as the academic community. They can contribute to the development of more effective and fair evidence systems and the preservation of human rights in criminal proceedings.

Study on the Regulation of Criminal Procedure System in the Age of Artificial Intelligence

Abstract The development of artificial intelligence technology has promoted economic development and improved people’s living standards, but it will also cause many risks and uncertainties. The purpose of this paper is to create a reciprocal fairness model for artificial intelligence collaboration and explore the causal relationship and liability allocation in artificial intelligence criminal infringement cases based on Rabin’s theory. Through the Hande formula, the criteria for determining fault in the case, as well as the marginal costs and benefits of the aggressor’s use of AI to commit crimes, are calculated. Finally, based on the theory of behavioral game evolution, this paper discusses the cooperation law of the three parties under the regulation of the Criminal Procedure Law, and discusses the illegal cost of the illegal implementation of artificial intelligence from the amount of compensation. The results show that in 68,535 cases of using AI to commit crimes in 2022, the average compensation is 74,556.87 yuan, indicating that the cost of crime is much lower than the proceeds of crime. The proposed legal regulations and the prevention and control of AI technology risks can be practiced through this study’s practical relevance.

Functions of the criminal investigation authority in Saudi partial Criminal procedure System

سلطة الضبط الجنائي هي السلطة المختصة بجمع الأدلةالناتجة عن ارتكاب الجريمة فور تلقيه بلاغ او شكوى، وفي حالة تلبس المتهم بارتكاب الجريمة اعطي النظام السعودي لرجل الضبط الجنائي سلطة توقيف ذلك المتهم والقبض عليه و تفتيشه بدون اصدار امر قبض، وعندها نكون امام مصلحتين متعارضتين، مصلحة المجتمع في الكشف عن الجريمة والقبض على الجاني تحسبا من فراره اومحاولة طمسه معالم الجريمة وبين حماية الحريات والحقوق الفردية وعدم تقييد حرية الفرد او توقيفه ان تفتيشه او تعريضه للتعذيب او الوعد او الوعيد. فكان لابد من وضع شروط لصحة هذه الإجراءات بما يجعلها في حدود التقيد بالشرعية الإجرائية والحكم ببطلان كل ما يخرج عن ذلك. هذا النظام يؤمن على الحرية الفردية والشرعية الإجرائية فلا يتم استيقاف أي شخص او القبض عليه او تفتيشه او تفتيش مسكنه الا في الأحوال المنصوص عليها في النظام وحظر التعرض له بالتعذيب او الاكراه المادي أوالمعنوي. وتبرير ذلك ان القواعد الاجرائية لا تتعلق بذات الحق ، بل تتعلق بحسن سير العدالة الجزائية في مجال مباشرة الإجراءات اقتضاءً لهذا الحق. وهذا ما خلص اليه هذا البحث وهو حماية الحريات الفرديةوذلك بما لا يتعارض مع حفظ اللامن وسلامة المجتمع.

Частно-публичный уголовно-процессуальный механизм применения уголовного закона в сфере экономической деятельности: генезис, идеология, политико-правовая сущность

Purpose. The purpose of the article is to clarify the unique legal nature, structure, as well as the genesis of the criminal procedure mechanism for the application of criminal law in the field of economic activity. The research methodology includes dialectical, formal-logical, systematic, other general scientific methods of cognition of criminal procedural phenomena, as well as private scientific methods: the modeling method, comparative legal and other methods. Conclusions. The creation of a special kind of private-public criminal prosecution and prosecution should be understood as an attempt to solve the institutional problem of criminal legal protection of business interests by means provided by the criminal procedural form. Private-public prosecution, being a product of the investigative-Soviet criminal procedure system, is the engine of the criminal procedure mechanism for applying criminal legislation in the field of economic activity. The difference between the analyzed criminal procedural mechanism and other criminal procedural proceedings consists in a qualitatively new saturation of some elements of the criminal procedural matter with a private (dispositive) beginning. At the same time, the investigative form is a limiter for the introduction of a subsidiary accusation of the victim, as well as for changing the investigative technology of evidence to an adversarial one. Scientific and practical significance. The scientific significance of the study lies in the contribution that it makes to the development of the adversarial theory of criminal procedure. Its practical significance consists in proposals for the modernization of legislation regulating criminal procedural activities on the application of criminal law norms in the field of economic activity.

К вопросу о преобразовании теоретико-методологической основы правовой организации противодействия преступлениям в сфере экономики

At present, a problematic situation has arisen at the level of the theoretical and philosophical foundations of the legal organization of combating crime in general, and its economic segment, in particular. Within the framework of this article, the author tries to prove the need to create a fundamentally new conceptual apparatus for analyzing reality in the field of combating crime, restructuring the foundations of the criminal procedure system and creating a new legal organization for combating crime, primarily in the economic sphere. The model of this “mechanism” should not differ from the general legal organization of combating crime. As part of his research, the author tries to convince the professional community, using the example of combating economic crime, that this “legal organization” should be procedural and legal, and adversarial.

О системе целеполагания в российском уголовном процессе

The paper presents a study of the problem of determining the criminal procedure goals in relation to modern Russian criminal proceedings. The authors summarized the concepts, views, and approaches to determining the goals of criminal procedure (criminal proceedings) historical types presented in criminal procedure science. The authors applied the results obtained to the current model of the Russian criminal procedure and carried out a functional analysis of procedural activities separately in pre-trial and court proceedings focusing on powers of officials carrying out criminal proceedings. When searching and formulating goals for each part of court proceedings, the authors relied on the characterization of the goal as a hypothetical form of completing the process determined by the powers of the head of the procedure and the relation of the criminal procedure with criminal law. The study shows that attempts to formulate a single goal of a criminal procedure organized according to a mixed type are initially doomed to failure due to the fundamental differences between pre-trial and court proceedings. The authors propose distinguishing in the Russian criminal procedure (criminal proceedings) not one, but several goals determined by the characteristics of separate stages of procedural activity: the goals the investigator (inquiry officer) faces during the preliminary investigation; the goals the prosecutor faces during criminal prosecution; and the justice goals ensured by the court. The proposed goal-setting system of the Russian criminal procedure is based on an objective criterion – functional differences in the procedural statuses of officials conducting criminal proceedings.

ՄԱՅՐՑԱՄԱՔԱՅԻՆ ԽԱՌԸ ՏԻՊԻ ՔՐԵԱԿԱՆ ԴԱՏԱՎԱՐՈՒԹՅՈՒՆՈՒՄ ՄԵՂԱԴՐՅԱԼԻ ՍՈՒԲՅԵԿՏԱՅՆԱՑՄԱՆ ՀԱՄԸՆԴՀԱՆՈՒՐ ՄԻՏՈՒՄԸ ԵՎ ԴՐԱՆ ՀԱԿԱՌԱԿ ԸՆԹԱՑՈՂ ՀԱՅԿԱԿԱՆ ՕՐԵՆՍԴՐԱԿԱՆ ԶԱՐԳԱՑՈՒՄՆԵՐԸ (ՎԵՐԱՔՆՆԻՉ ԴԱՏԱՐԱՆՈՒՄ ԳՐԱՎՈՐ ԸՆԹԱՑԱԿԱՐԳՈՎ ԿԱԼԱՆՔԻ (ԴՐԱ ԵՐԿԱՐԱՁԳՄԱՆ) ՄԻՋՆՈՐԴՈՒԹՅՈՒՆՆԵՐԻ ՔՆՆՈՒԹՅԱՆ ԱՐԴՅՈՒՆՔՈՒՄ ԿԱՅԱՑՎԱԾ ՈՐՈՇՈՒՄՆԵՐԻ ՎԵՐԱՆԱՅՄԱՆ ԼՈՒՅՍԻ ՆԵՐՔՈ) / THE GENERAL TENDENCY OF SUBJECTIVISATION OF THE ACCUSED IN CONTINENTAL MIXED CRIMINAL PROCEEDINGS AND CONTRADICTORY ARMENIAN LEGISLATIVE DEVELOPMENTS (IN THE LIGHT OF THE REVIEW OF DECISIONS TAKEN FOLLOWING

The article presents the issues of the defendant's withdrawal from the status of the object of criminal proceedings and its prolonged subjectivisation, as well as the resulting typical transformation of criminal proceedings and the implementation of a number of principles in mixed proceedings. The article examines the genealogical foundations of the principles of immediacy, oral, adversarial and public procedings, which were born in criminal proceedings in connection with the transition to the continental "mixed" type of proceedings and are in direct contrast to the principles of organization of the investigative process. The article highlights the importance of their functional value, emphasizing the role of principles in the modern continental system of criminal procedure. The article analyzes the legal norms and reveals the practical application of these principles in the consideration of the petition for the detention of the accused (extension of custody) in the court of first instance. In addition, the work examines the implementation of these principles at the legislative level in the framework of judicial review of the decision of the court of first instance, by the court of appeal, as well as reveals the problematic aspects of legal practice, formed as a result of the legislative norms.

EFFECT OF THE BAN ON TURNING TO THE WORST IN THE STAGE OF THE CASSATION PROCEEDINGS IN THE CRIMINAL CASE

Having undergone a number of metamorphoses, the institution of cassation has taken its place in the modern criminal procedure system. This is a system of mixed criminal proceedings, in which the court is traditionally active in establishing the factual circumstances of the case. In principle, the effect of the prohibition on turning for the worse at the stage of cassation proceedings has not changed. The general framework of this prohibition is outlined by law and has a solid foundation - judicial practice and doctrinal provisions. Revision and the prohibition to turn for the worse are part of such a cassation mechanism for verification, which has as its subject not only questions of the legal, but also the factual side of the case. The court of cassation, by virtue of the beginning of the revision, is obliged to identify errors made in the course of criminal proceedings at lower stages. They also include such errors, the correction of which by the court itself or by the lower courts and the preliminary investigation bodies may lead to a transformation for the worse position of the person against whom the final judgment was issued. The system of exceptions to the prohibition on turning for the worse remains, although it has undergone a formal and substantive modification, in particular, instead of sending a criminal case by the court of cassation for a preliminary investigation, there is now a return of the criminal case to the prosecutor. For some points, we can even talk about the strengthening of revision and the weakening of the prohibition on turning for the worse at the stage of cassation proceedings.

The fundamental importance of the ban on turning for the worse for the criminal procedure system

The article deals with the problem of the expediency of a criminal case’s returning to the prosecutor at the stage of appointment and preparation of a court session in Russian criminal proceedings. This problem is relevant to the science of criminal procedure.The purpose of the study is to analyze critically the practice of returning of a criminal case back to the prosecutor in order to correct mistakes made at the pre-trial stages of the proceedings according to the new concept of justice independence and the absence of an accusatory bias in the court functioning.The methodological basis of the study is a set of scientific techniques, focused mostly on the dialectical approach, which made it possible to determine the essential characteristics of the prohibition to turn the criminal proceedings in Russia for the worse. Both general scientific (analysis, synthesis, systematic method) and specific scientific methods (formal-legal, historical-legal, comparative-legal) of knowledge were also used. The analysis helped to formulate the position of understanding the turn for the worse as an independent principle of criminal procedural law, to study the procedural form of the turn for the worse. The synthesis method made it possible to determine the return of the criminal case to the prosecutor at the stage of appointment and preparation of the court session as a holistic institution of the criminal procedure. The systematic approach allowed to determine not only the mixed nature of the mechanism for changing the prosecution to a more serious one, but the investigative organization of pre-trial proceedings and its place in the structure of criminal proceedings, the separation of the investigative and “accusatory powers” of the prosecutors as well as their balance. The historical method let us trace the evolution of the prohibition to turn the Soviet and Russian criminal procedural systems for the worse. The comparative-legal method made it possible to assess the potential of domestic legislators' reception of foreign experience of regulating the prohibition to turn for the worse and formulate proposals to improve the Russian criminal procedural legislation.The main scientific results of this research consist of justification of the conclusion of the conversion expediency of the domestic judicial proceedings to the adversarial model of accusation which is carried out within the trial on the previously filed charge. The presentation of a new charge (criminal action) in court and the procedure of supplementing the charge change it for the worse. This model of re-indictment for the worse for the defendant appears to be fairer and more convenient both for the prosecuting authority and for the legal organization of combating crime. The changeover to the suggested form of implementation of the ban to turn for the worse in the institution of bringing and changing charges in court is possible only in a systematic link with the reform of the preliminary investigation. Conclusion. The institution of the criminal case returning by the court to the prosecutor in order to change the charge to a more serious one when implementing the adversarial model of bringing charges in the criminal procedure system of Russia will fully satisfy the concept of independence of justice administration and the absence of an accusatory bias in the activities of the court, while at the same time with fairly organized the prosecutorial power aimed at countering crime.The section 1 was prepared by N.N. Lysov, section 2 by K.D. Vanyan (together with M.T. Tashilin), section 3 by A.S. Shuisky (together with I.R. Gilmanov), section 4 by V.V. Kosterin.

The basis of excuses for the fundamentalists Its applications in the full version system in the Kingdom of Saudi Arabia

The rule of bridging pretexts is one of the most important fundamentalist rules which shows their importance in various systemic and other aspects; since the issue of investigation is partially within the Saudi criminal procedure system, it is an issue directly affecting the achievement of justice, and to pay the damage to society, the statement of the relationship of the systemic material in the investigation of the rule of bridging pretexts in fundamentalists, this is because of the general relevance and impact of the rules of Evidence in the drafting of the Regulations' texts and regulations. Its objectives: to clarify the relationship of the system of criminal procedure with the fundamentalist rules by indicating the system's relationship with the rule of bridging pretexts, demonstrating the organizer's concern for the rights of the accused at all stages of the investigation, and based it on the rule of closing pretexts in the majority of investigative material. His approach: Gathering rules of order in the investigation relating to the rule of bridging pretexts, then analyze it, indicate its relationship to the rule of bridging pretexts. Results: The texts of the system in the investigation bridge the pretext of improvisation, uniqueness, neglect, arbitrariness and difference.

Intervention of the judge of knowledge from colombia in the hearings prior to the judgment in front of the guarantee of judicial impartiality and the accusatory principle

In Colombia, in order to adopt an accusatory criminal procedure system, the 1991 Political Constitution was reformed with Legislative Act 03 of 2002. The regulation of this criminal procedural system was given through Law 906 of 2004, “By which the Code of Criminal Procedure is issued.” In development of these regulations, the following hearings were created: i) preliminary; ii) formulation of the accusation; iii) preparatory; and iv) judgment. In the first ones, the judge with the function of control of guarantees intervenes. Later, the judge of knowledge intervenes, who is in charge of directing the judgment and to indicate the sense of failure. Likewise, the Supreme Court of Justice has indicated that, in order to avoid that the formulation of the accusation is inadequate and that the judicial apparatus becomes unjustifiably congested, the judge of knowledge must carry out a material control to the accusation. This research analyzes if the intervention of the judge of knowledge in the hearings prior to the judgment: formulation of the accusation and preparatory, as well as the control that he carries out over the accusation, affects the guarantee of judicial impartiality and the accusatory principle. The investigation problem is: does the intervention of the judge of knowledge in the hearings prior to the judgment: formulation of the accusation and preparatory, as well as the control that he carries out over the accusation, affects the guarantee of judicial impartiality and the accusatory principle? The thesis defended in this research is that the intervention of the judge of knowledge in the hearings prior to the judgment: formulation of the accusation and preparatory, as well as the control that he carries out over the accusation, affects the guarantee of judicial impartiality and the principle accusatory, respectively, the legislation, jurisprudence and existing doctrine on the subject are analyzed.