The scope of the publicity principle at the preparatory stage of a criminal investigation

Abstract

The purpose of this paper is to state the principle of publicity, along the criminal process, and analize legal restrictions that the Criminal Procedural Code sets out to this principle, during the preparatory stage, considering the con sequences of its use at this point of the criminal investigation, and the eventual confrontation with other principles and rights of third parties. This point turns relevant in order to set standards along the investigation versus the wide principle of publicity, valid for third parties, with no competence in the criminal process at the beginning of the procedure. Nevertheless, the content of the criminal investigation is usually revealed by the head of the investigation or the police. This early disclosure, frequently leads to misinformation, taking into account that the investigation continues, and at that stage it is not yet possible to stablish legal certainty of the facts, without having contrasted all of the hypothesis. The non-compliance of this rule undermines the accused person by infringing the principle of innocence, and not only that, but it could also affect the guarantee scheme of the criminal process itself. The reasons for disclosing an open investigation are usually related to a fear towards media pressure.