Definition of Due Process

While the Justice It is an ideal that is probably unattainable. There are legal principles that seek to provide basic conditions for the laws to be applied systematically and without arbitrariness. One of these principles is due process.

Any government you have to respect people's legal rights. In this way, in the procedural field, a series of requirements must be maintained to guarantee that a process complies with all the requirements established by the law. Due process is integrated within the human rights fundamental.

In criminal matters

The state has the power to punish or sanction criminal conduct. So that the different punishments are not abusive or arbitrary, it is essential that certain requirements are met. Thus, due process in criminal matters requires the compliance of a series of guidelines and conditions.

In the first place, every individual has the right to be tried by a judge who has no relationship with the parties involved (this criterion is intended to guarantee legal impartiality). In this sense, there is the right to challenge a judge when the person tried understands that a judge may have some kind of inclination against him.

Second, everyone can receive legal advice from a lawyer and in the event that he cannot pay for his services, the state must provide him with a lawyer from job.

Likewise, whoever submits to the action of justice may request that their own language at trial. Obviously, due process expressly prohibits the use of any form of torture to obtain information and recognizes the possibility of filing an appeal to review a legal decision.

Due process should not be interpreted as a set of technicalities that protect criminals

Opinions contrary to due process are sometimes expressed. Thus, it has been said that human rights have been used as legal strategies to exonerate criminals. Due process requirements must be understood as criteria that cannot be breached under no pretext or circumstance, otherwise the legal system will break down and weakens.

In short, this legal principle has an ethical dimension and for this reason reason it is integrated into the set of internationally recognized human rights. Consequently, it is a series of minimum and necessary requirements without which it is not possible to exercise the action of justice.

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