Criminal procedural investigation in Ibero-America

Abstract

The article analyzes the models of criminal procedural instruction in Ibero-American countries, based on national reports presented to the XIV Ibero-American Conference on Procedural Law. It identifies three systems: the classical mixed model, with inquisitorial, secret and written instruction; the mixed model with adversarial instruction, which separates functions and introduces adversarial proceedings in the investigative stage, but maintains the examining magistrate; and the accusatorial model without examining magistrates, in which the preliminary investigation is administrative and conducted by the Public Prosecution, with the gathered elements not entering the proceedings as evidence. It concludes that the accusatorial model best ensures guaranteeism and efficiency, and should serve as inspiration for legislative reforms in the region, while respecting each country's particularities.