Legal analysis of the right to defense regulated in the preliminary hearing of the Nicaraguan Code of Criminal Procedure, from the perspective of the Inter-American Human Rights System
DOI:
https://doi.org/10.15517/351ctw18Keywords:
Right to defense, Inter-American Court of Human Rights, adversarial accusatory criminal process, guarantor judge, Nicaraguan criminal procedure code.Abstract
This article analyzes the right to defense from the perspective of the Inter-American Human
Rights System. To this end, the author conducts a documentary review of what is regulated by
the Nicaraguan legislator regarding the right to defense, both as an institution and as a legal
concept, as regulated in the Nicaraguan Criminal Procedure Code, specifically in the procedural
moment of the preliminary hearing held before the guaranteeing judge.
The documentary review also allows for a doctrinal and jurisprudential analysis of the right to
defense, and based on this analysis, it is argued that the right to defense, as regulated in the
preliminary hearing of the judicial investigation phase of the Nicaraguan accusatory-adversarial
criminal process, has been distorted from what is established by the jurisprudence of the Inter-
American Court of Human Rights.
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