La impunidad en Guatemala producto de la mora judicial

Abstract

Human rights represent values ​​of the human person, therefore, they are considered inherent and fundamental within the basic postulates of a democratic State of Law, their recognition allows the eradication of the historical tradition of totalitarian or authoritarian States that limited their exercise and they subjected people to restricted systems marked by inequality and lack of freedom. At present, Guatemala is going through a democratic era where human rights have become an important part of the national legal system, However in the realization of the exercise of these rights, there are certain facts that reveal the difficult application of the legal order at the  judicial level in criminal matters, one must take into account that the workload and the judicial delay are phenomena that affect the human rights particularly of the persons under investigation  within the criminal process, personal liberty was provisionally restricted, within  an inoperative prison system that violates the rights of those deprived of liberty. A State is the protector of human rights, not only recognizing them within their legal content, but also by establish the procedural means that guarantee their exercise within the criminal process, considering that the rights of the accused must coexist with the right of action of the victim, avoiding impunity by failing to achieve prompt and fulfilled justice for both procedural parties.