THE ABBREVIATED PROCEDURE AND THE TRUTH

Abstract

The clarification of the facts is one of the purposes of the accusatory penal system in Mexico. The abbreviated procedure is a form of early termination of the process, in which the application of human rights must be prioritized, and where the accused and the Public Ministry must meet procedural requirements, making it controversial, since it is achieved prior agreement of the defense and the prosecution, so that the accused obtains a benefit; Therefore, it will be analyzed if through this special process it is possible to clarify the criminal acts (truth), with the support of the Constitution of Mexico, in the National Code of Criminal Procedures, amparo sentences under review, Jurisprudence, as well as doctrine; The actions of the judge in the criminal process will be explained, such as the relationship between the abbreviated procedure and the truth. Concluding that it is a procedural truth, taking into account the interests of the parties, the evidentiary material and its assessment.

https://doi.org/10.25009/uj.vi19.2642
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