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Article 43 of the mentioned law “stated the non-recognition of any jurisdiction.”
Thus, everybody should be processed by ordinary criminal judges. It also stated
that bail could not be applied as a substituting measure of the confinement
measures. It also prohibited that those convicted benefit from parole. It stated,
as well, that the liberty of an indictee could not be executed if there was not a
confirmation from the superior judge in the event of dismissals or acquittals.
The criminal action in trials related to the Law for the Control of the Trafficking
of Narcotics and Psychotropic Substances was regulated by the general
dispositions of the Code of Criminal Procedures. However, in what referred to
the determination of the condition of narcotics and psychotropic substances,
Article 46 of the Law stated that “in all criminal investigations and cases
followed to determine the infractions defined in the present Law, the expert
report of the National Department for the Control of Narcotics is obligatory.”
The purpose of this norm was that the mentioned Administration be the only
institution authorized to determine the condition of the controlled substance.
Also, the evidence of the infractions, due to their nature, was obligatory and
irreplaceable, therefore in its absence the condition of the substance may not
be determined by any other means.
With regard to the presumption of innocence, the Constitution of 1979
recognized it as a fundamental right. It was guaranteed until there was a final
judgment. However, with the enactment of Law N° 108 of Narcotic and
Psychotropic Substances of September 16, 1990, this principle was contradicted
and affected. The Constitution Court acknowledged this situation in its Order of
December 16, 1997, where it was declared unconstitutional. Article 116 of the
Law stated that the Police’s informative report was a “serious presumption of
guilt, as long as the body of a crime was justified.” Therefore the indictee was
imposed the duty of proving their innocence. However, while this norm was in
force, it meant the violation of the presumption of innocence of many people
prosecuted for crimes related to the trafficking and possession of narcotics and
psychotropic substances.
The Code of Criminal Procedures, published in the Official Newspaper No. 511 of
June 10, 1983, divided the criminal process in four stages: the summary, the
intermediate stage, the full trial or trial and the appeals stage. Each stage will
have a term within which it must be developed. Therefore, the criminal process,
without considering the appeals stage, must have an approximate duration of
126 days, that is, a little more than four months. However, in reality, no
criminal process was decided in the established terms, and some even lasted
several years.
Pursuant to that established in the Code of Criminal Procedures the indictee or
accused had to have a defense counsel appointed by the court, specifically, by
the judge when the he or she ordered the investigation of an alleged crime; the
mentioned defense counsel had the obligation to represent the accused as long
as they did not appoint their own defense counsel. Also, “once the trial begun,
the court had to assign a defense counsel to the indictee, and this defense
counsel could not decline the exercise of said defense without just cause.”
Without detriment to these norms, the defense counsel appointed by the court
performed a very limited defense and many times this defense did not exceed
the mere procedural formality without an adequate defense of the indictees.