“Control of the formal accusation” at the Twenty-Fourth International Book Fair.

This Wednesday, May 31, 2023, the Twenty-Fourth International Book Fair began, held from May 31, 2023 to June 11, 2023 at the “EL PAIS” Editorial Stand located in the Brazil Pavilion of the Expo Cruz Fair. At this outstanding international event, the MSC. Sergio Díaz Gutiérrez, presented his book entitled “Control of the formal accusation”, whose topic addresses a proposal to incorporate control over formal accusations, which implies an evolution in criminal procedural legislation and constitutes a mechanism that guarantees that the development of criminal action is more efficient. This task must be carried out by the investigating judge who hears the case, the appropriate authority, who will determine if the accusation, in accordance with the evidence and the type of criminal offense charged, is duly founded and motivated by law to justify the development of the trial oral and public, thus generating an eventual conviction by the sentencing court or judge, or failing that, given the lack of substantial elements that allow the formal accusation to be supported on the merits, urge the Public Prosecutor's Office to desist from the criminal prosecution, consequently formulating the conclusive request for dismissal.

This study develops the foundations that prove the advantages of including the control of the formal accusation in the criminal procedure.

Sergio Díaz Gutiérrez – Managing Partner
Litigation and Corporate Lawyer