Análisis de la eficacia del servicio de defensoría pública en actuaciones del sistema penal acusatorio prestada por la Defensoría Regional del Pueblo en la ciudad de Cúcuta durante el año 2016.

Abstract

The right to defense unquestionably constitutes one of the pillars that underpin the obligation of Effective Judicial Protection, which is why, when the action of the State deprives a citizen of the freedom, for the alleged commission of an offense criminal law (principle of presumption of innocence), this individual has the right to have the technical and legal tools that allow him to defend himself, on equal terms against the opposing party in the process, that is, to have the professional assistance he needs to not being in a state of helplessness. Because the public defender's office is responsible for guaranteeing the citizen's defense in criminal proceedings, within the accusatory criminal process of which our country is part, it is important for this investigation to consider its study from full and equal access to the administration of justice in matters penal. In accordance with Law 941 of 2005, to analyze the SNDP that is composed of the following components: the National Public Defender's Office, the Regional and Sectional Defenders of the People, the Administrative and Management Coordinators, the Academic Coordinators, Municipal Attorneys, Public Defenders, private attorneys linked as Public Defenders for the exceptions provided in this law, Investigators, Technicians and Auxiliaries, Judges, Students of Legal Offices of Law Schools, individuals and scientific associations dedicated to criminal investigation and organizations that provide training to System components. However in this specific case we will limit ourselves to analyze the effectiveness of the regional Cúcuta Norte de Santander during the year 2016, from the case law, doctrine and qualitative collection with interviews directed at public defender's office, litigating lawyers in criminal law and a focus group targeted at users; in order to know their opinion about the service; complemented this information with a jurisprudential analysis that will allow a diagnosis of the state of public advocacy and its effectiveness in Cúcuta.