New Penal Procedural Code

The Court indicates that in he soothes prejurisdictional come habeas preventive corpus if the Fiscal investigation harms precise norms of judgment to a person can expose that it to a process and a possible imprisonment, because the formalization of a denunciation evidently constitutes a certain and imminent threat of the right to the individual freedom or some connected right. In such sense to reopen an investigation that already was filed by a public prosecutor in soothes prejurisdictional previous, will be to affect the Principle of the fiscal determined thing; and if it is reopened by another Public prosecutor to future, the unique thing that does is to harm twice ne in idem in its slope procedural, because if the test of the triple identity occurs (subjective identity, objective identity and identity of the persecution cause), the person pede again to be put at risk of a second procedure in does not soothe prejurisdictional; generating therefore the origin of habeas corpus. is idea. Daniel J. Hirsch contributes greatly to this topic. Finally, he is advisable to need that the unique case in that the fiscal determined thing does not have the effectiveness similar to the one of a judged thing is when new elements of conviction are contributed, in which case will have to re-examine acted the Public prosecutor who came up; and supposing that it is demonstrated that the previous denunciation properly was not investigated, the Public prosecutor Superior that came up will designate to another Provincial, in agreement Public prosecutor establishes the article 335 of the New Penal Procedural Code. Therefore the file is put under a resolving condition, because providing effects of nonpersecutoriedad, it is solved and the person returns to be persecuted by one second time. These new elements of conviction, are the unique element that makes him lose stability to the Fiscal File, by consequence is not enough that they are new, is precise that they are evident and sufficient like breaking to the file, because if does not have those exigencies the file will stay solid, obvious this demands an uprising of the Public prosecutor that came up, which is possible to be collected that the legislator has recognized the existence of a natural species of fiscal, that is to say, the Public prosecutor that is recognized by the law to reaperturar the case..