THE IMPORTANCE OF THE DEFENSE STRATEGY IN THE ACCUSATORY CRIMINAL PROCESS

Abstract

It is common practice that, in criminal litigation, the defendant’s defense is limited to cross-examining the witnesses, experts and other bodies of evidence presented by the Public Prosecutor’s Office, building, in the best of cases, the defense strategy that must be be followed, in the course of the trial. The work that is now presented proposes to focus on the importance of having a comprehensive defense plan, even from the stages prior to the trial itself, to come out ahead or triumphant in the solution of a matter that has been entrusted by the accused or his relatives, a plan that he will seek to influence the mind of the Judge so that he resolves the controversy in his favor; strategy that analyzes common elements that can be used in each of the entrusted cas- es, without neglecting its particularities; The most common errors committed by the defendant’s defense have also been identified and analyzed, starting from observing how the trials are carried out in the Courts, to finally propose concrete and simple solutions that contribute to the theory of the case that has decided to lead the defense of the defendant.