Un modelo de defensoría pública eficiente para garantizar derechos del reo en el sistema acusatorio colombiano

Abstract

It is a general principle of criminal law in most western countries , which all accused in a process of criminal order will profit or inalienable right to be defended by a free lawyer appointed directly by the prosecution or , well, by the judge, if that can not or will not do . Did the Constituent 91 , and in harmony with the precepts of international human rights treaties , the person can only be declared legally guilty as part of a " public trial , oral, with immediacy of evidence , contradictory, and concentrated with all guarantees . " Article 29 of the Constitution provides for the right of defense with a fundamental right , which may be exercised both in research and judgments . Now about to turn 10 years passed law 906 of 2004, are various analyzes are made about the aims of the legislature with this new procedural scheme implemented and achievements actually achieved : easy access , prompt judicial action , efficiency, effectiveness , process, among others. In reviewing today 's public defense scheme available to the State , major flaws that warrant enter propose a model of public defense that overcomes these deficiencies and to ensure the protection of such a fundamental right for citizens offender in criminal proceedings are noted , as is adequate and effective defense.