Functions and dysfunctions of the Paraguayan Criminal ProcedureIntermediate Stage

Etapa Intermedia

Abstract

The present work has been approached from the judicial praxis of the system operators, in contrast to the current legal regulations: National Constitution and Criminal Procedure Code, from a critical perspective to a procedural phase that is the intermediate stage. In this sense, the dysfunctions generated by defective procedural activity have been described, indicating that they have led to the distortion of the political-procedural principles that govern the current ad versarial model, causing distortions and setbacks, rather than progress in its im plementation. Situation that is considered a reason to raise the alert voice - from the academic scope - and in the light of the legislated, to exhort to the operators to redirect courses and to rectify mistakes, rereading the Code of Criminal Procedure in a comprehensive way and applying its provisions correctly . In this sense, premises such as immediacy and orality must be applied in certain stages andactions; operators could not arbitrarily alter this modality, performing procedural acts in a written and deferred manner. These principles are corollaries of the republican principle of publicity, which operators abusively disagree with these arbitrary modifications.