The Effectiveness of the defense in criminal proceedings

Abstract

This article explores the importance of what under a democratic system of law must be the perennial pillar of its existence; this is the "Adequate Technical Defense" in criminal proceedings, highlighting its crucial importance as a Mexican constitutional tool for the protection of fundamental rights of a fair and equitable trial; and, developed before a pre-existing authority, competent, but above all guarantor of the fundamental rights of the governed; To this end, the fundamental aspects of the same are analyzed, including the right to technical, legal and materially effective assistance, the duties of the defense attorney, the selection and appointment of the latter, as well as the common challenges faced in the context of a criminal process, whether inquisitorial and/or accusatory or oral. The implications of an inadequate exercise of this are discussed; and, recommendations are offered to improve the quality of material legal aid in these proceedings.