Violation of the guarantee of due process in the right to defense of the investigated, affected by the taking of anticipated testimony in sexual crimes

Abstract

The following study provides elements that allow evidence of the violation of due process, in the practice of obtaining evidence of vital importance and that in the absence of due notification to the investigated, their right to defense is violated, that is, they remain in a state of defenselessness of the suspect, which leads to a flagrant violation of due process in the basic guarantee of the right to defense and which, although it is not regulated in the punitive system, constitutional and conventional principles must be resorted to, which must be applied at all times directly and immediately. Methods such as the exegetical, the logical historical, the synthetic analytical and the empirical level the analysis of documents are used.