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protection of human rights, the distinction between these two possibilities has no
decisive relevance; in both cases, the liberty of the individual is affected by factors
that imply interference in his sphere of free will.
36.
To the contrary, it would be enough to fragment the prosecution, open up
long periods of investigation, delay (at convenience) the opening of the trial,
generate actions on which the qualification of the proceedings as a true proceedings
or a simple preparation for this depends, etc. in order to prolong an inquiry, delay a
trial or postpone the satisfaction of a right or compliance with an obligation, whether
this unfavorably affects the accused, or harms the juridical interests of a victim. The
content would be sacrificed to the form.
Sergio García-Ramírez
Judge
Pablo Saavedra-Alessandri
Secretary
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