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The investigation ordered by the Public Ministry before a criminal act is the beginning of a criminal process brought to court by the competent authorities; however, the investigation is the beginning of an entire judicial process that requires strict compliance not only with the rules established in the Penal Code and the Criminal Procedure Code, but also in the constitutional precepts and international conventions that recognize the legitimate rights of people in due process. That is because this investigation aims to show that due process before a criminal act typified in the Penal Code, begins with the judicial investigation ordered by the Public Ministry, is obliged to follow the protocol as established by the Law, as a guarantee of due process, in the development of the hearing, without prejudice to the rights of the parties, especially the alleged or alleged identified and investigated and linked to the facts under investigation.
The investigation in the new Accusatory Penal System is the backbone of any process, it is the facts that will allow the Judge of the case to establish according to his expertise the degree of responsibility that assists those indicated by the investigation, However, it is of interest to highlight that the compilation of the evidence that will determine how the facts were developed must pass through the sieve of the clinical eye of the administrator of justice, listening and taking only what is relevant from the contributions provided by the Prosecutor of the case, of the witnesses and finally of the version narrated by the parties according to their truths, the factual facts will come to light despite the interest of the parties in said trial, the preliminary investigation allows the Judge to determine the veracity of the evidence presented in order to avoid affecting consecrated rights and thus make a decision as close to what really happened, therefore the epistemology of the facts and proofs. Bases collected will be at the end, the legal basis that will facilitate at the end of the process, the resolution, argued, reasoned and supported by the Judge of the case.
