El perito médico legal en los juicios de violencia intrafamiliar y el principio constitucional del debido proceso

Abstract

Among the principles set out in our Constitution are immediacy, orality, contradiction, speed and due process. These principles are immediately applicable especially in criminal matters and the aim to optimize human resources and ensure effective enforcement of the rights of the people. Within the research topic the legal medical expert in trials of domestic violence and the constitutional principle of due process, we believe that justice operators to seek to ensure certain constitutional principles such as celerity have infringed other principles such as due process. Since expedite the processing of a cause does not require the legal medical expert to appear at hearings of judgments in crimes of domestic violence therefore the right to due process is being violated it. On the other hand with the absence of legal medical expert at the hearing of prosecuting contraventions of women and the family, has violated several rights, as if any doubt by the judge that can not clarify it, since the not present the expert can not make any question, hence its decision shall be issued based on the expert's written report. In order to guarantee the principle of due process and the right to defense, it is important that a reform of the Integral Code of Criminal Procedure, where it is established that the legal medical expert is required to appear at the trial hearing in contraventions is performed domestic violence and that should not comply with that provision are punished.