La persecución penal en los nuevos Códigos Procesales Penales provinciales

Abstract

The purpose of this paper is to rethink critically the last amendments in the provincial criminal procedure codes in terms of the role played by the Prosecution Public Ministry [Ministerio Público Fiscal], in charge of the public action, taking
into account section 120 of the Argentine Constitution, section 71 of the Argentine Criminal Code, and section 26 of the Prosecution Public Ministry Organic Law.
Notwithstanding some innovations related to the principles of the accusatory system, none of these codes has eliminated the preliminary investigation stage [etapa de la
instrucción], a remain of the inquisitorial system. Such stage does not imply by any means establishing a criminal procedure conducted as an oral, public, continuous, and contradictory procedure.