The plea of invalidity of the preliminary investigation procedures and the burden of proof thereof

Abstract

The plea of ​​invalidity of preliminary investigation procedures is one of the most important procedural defenses a defendant can raise to ensure procedural legality and protect their rights. This invalidity arises when fundamental rules stipulated by law are violated, whether related to public order or the private interests of the litigants. The burden of proving this invalidity rests with the party raising the plea (the defendant or their defense), in accordance with the general principle that investigation procedures are considered valid and in accordance with the law until proven otherwise. This requires presenting conclusive evidence and proof confirming the violation or procedural defect that marred the proceedings. The trial court has the authority to assess the validity of this plea, its seriousness, and its impact on the integrity of the case's evidence. Consequently, accepting the plea entails excluding all evidence and procedures resulting from the invalid investigation and rendering them inadmissible in the judgment.