The declaration of the victims of sexual crimes, received in the Gesell chamber as pre constituted evidence, to avoid the re-victimization in the prosecution stage

Abstract

For the investigation of this article, the qualitative approach, thematic analysis and case study has been followed, with the objective of determining procedural tools and alternative interpretation to avoid re-victimization in those exceptional cases, where, after the modification of the Article 19 of Law No. 30364 (D. L. No. 1386 - 09/04/2018), the statement of the minor victims for crimes against sexual freedom has been received, following the guidance of the Public Ministry, as evidence preconstituted, under the direction of the criminal prosecutor, without the participation of the judge. For this, I propose that a systematic interpretation of the Criminal Procedure Code be carried out, followed by a control of legality, constitutionality and conventionality, in order to guarantee a real and effective protection of minors, victims of crimes against sexual freedom, given that the normative reality is not always the same as the practical reality, even more so when it comes to protecting subjects of special vulnerability, such as minors. Applicable only for exceptional cases, where the right of defense has been respected, prioritizing the application of early evidence.