The how versus the who in the reform of the criminal investigation: Diagnosis and changes

Abstract

Our criminal process is in an important period of change, animated by debates that prefer to focus more on the who than on the how of the reform of criminal investigation. It is true that currently there are dysfunctions that can be corrected by addressing, perhaps more modest changes than opting for the radical elimination of the investigating judge. The investigative prosecutor already exists in un our legal system without us being able to speak of absolute arguments that force us to lean towards one model or another. We must rethink the changes, the roles of other accusations in the investigation and changes that may operate outside the head of investigation, without the European Prosecutor being able to used as sole motive.