LAWYER WITHDRAWN THE DEADLINE TO SUBMIT NEW EVIDENCE BEFORE SUPPLEMENTARY CHARGES. IS THE RIGHT OF DEFENSE VIOLATED? [STC EXP. N.° 03221-2021-PHC/TC LA LIBERTAD]
The Constitutional Court, through a ruling handed down in file No. 03221-2021-PHC/TC La Libertad, has referred to the withdrawal of the five-day period given to the defense in order to prepare new evidence or defense.
The Constitutional Court indicated: “’The holder of the criminal action introduces the complementary accusation in writing (see pages two hundred and seventy and following), which was submitted to the contradictory and debate in the presence of the same lawyer in charge of the challenge, who stated that it did not require the five-day term stipulated by the Code of Criminal Procedure to present new evidence in relation to the complementary requirement’. In other words, the Chamber argues that the defense attorney of the favored party recognized that the complementary accusation only varied the legal classification, without incorporating new facts, for which reason he expressly waived an additional term to question the aforementioned accusation” (FJ 17 and 18). .
The sentence is important to limit the right of defense to cases in which there is a suitable violation in terms of the impediment to present evidence or prepare arguments, but not for cases in which it is the will of the defense that generates a state of no contradiction on the complementary accusation introduced by the prosecutor in charge.
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