Preliminary investigation in Paraguay: tensions between notitia criminis and criminal imputation

Abstract

This reflection article provides a comprehensive analysis of the pre-investigative or preliminary stage within the Paraguayan criminal procedural system—a crucial period that, although not formally named in the Criminal Procedure Code (Law No. 1286/98), defines the course of criminal prosecution. The objective is to conceptually delimit this phase, which extends from the notitia criminis to the prosecutorial decision to issue a criminal imputation, dismiss the case, or file it. Regarding the method, the study is based on a qualitative approach, with a descriptive scope and a non-experimental cross-sectional design, of documentary type, using documentary and exegetical analysis as the main technique and bibliographic indexing as the data collection instrument. The forms of initiating proceedings are examined, with special emphasis on the criminal complaint, and the initial actions of the Public Prosecutor's Office and the National Police are detailed. The analysis delves into the robust catalog of guarantees available to the investigated person from the "first act of the proceeding"—a key concept for the effectiveness of the right to defense. The absence of an explicit legal timeframe for this stage is critically analyzed, as it creates a "procedural limbo" that strains the guarantee of a reasonable time. Finally, among the findings, systemic dysfunctions are examined, and lege ferenda reforms are proposed to strengthen legal certainty and the efficiency of the system. It is concluded that the legitimacy of criminal justice intrinsically depends on the legality and rationality of its first steps.