La defensa técnica como garantía de los derechos de las personas en conflicto con la ley penal

Abstract

This research has been developed on the subject of technical defense and its importance for people who are in criminal proceedings as defendants. The central situation, that is, the fact that a defendant needs a defender is important from many perspectives, but we will point out as the most important, the fact that the criminal process can lead to serious effects or legal consequences for the defendant, so you need to be guided in the course of it and know it in its entirety. One of the first and greatest consequences of the criminal process can be a deprivation of liberty, and on this, the imposition of it for a large amount of time. In addition to this penalty, there are others such as fines, the sentence to pay reparation to the victim, the suspension of some rights, disqualifications, etc., and of course, as many authors have pointed out, the declaration of guilt itself, that for a citizen who has observed the law, it is a serious consequence, if he is innocent. The person who defends the defendant, is of course a lawyer, a person who has been trained to interpret the legal norm, and give proper use to the circumstances of the specific case, with a view to obtaining, if not the acquittal of the defendant, the best benefits that the process extends to you. Of course, although decisions are generally made and assumed by the defendant, who must understand it, that is to say, make him know the scope of each legal figure and the factual possibilities, is his defender; Therefore, in a general way, we could not state that the process is a result of the decisions of the accused. Now, it is not that in all cases in which a lawyer assumes the defense of the accused, he must achieve that his innocence is ratified, much less can we generalize and in each case, attribute a sentence to the poor defense of the accused; However, the action of the defender is still decisive, and in many cases, there is more than one possibility, and it is the defender who must guide the decision to represent him to the exit that is best for him or to which he compared to the others it affects him less. In the case study in which we have based our investigation, from a superficial appreciation, it is appreciated that the defendant had better opportunities in the process, but the defense did not make adequate use of its legal possibilities, therefore, the conviction that received the defendant, without a doubt due to the poor performance of his defender. In many of the cases in which defenders have to act, a reduced sentence can be a very good possibility, especially when the process and the investigation expose their responsibility. Facing a trial is a valid option, especially when the defense has carried out actions prior to it, which allow it to defend the thesis of innocence.