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Abstract
A mainstay of judicial reform implemented in the Republic of Panama is the principle of separation of functions, whereby functions of investigation and prosecution are clearly defined, so that the prosecution cannot make decisions of a judicial nature which involving violation of fundamental rights of citizens and the judge it is prohibited from being acts of investigation. This article aims to outline the main areas in which affects the principle of separation of functions under the adversarial system according to law 63 of 2008, analyzing some problematic situations in which the application of that principle provides a compatible solution respect for the fundamental rights of citizens in a democratic rule of law.
References
CHIARA DIAZ, Carlos Alberto y otros (2014). Derecho procesal penal. Segundo tomo. Editorial Astrea, Buenos Aires, Argentina.
CÓDIGO PROCESAL PENAL DE LA REPÚBLICA DE PANAMÁ (2013). Panamá.
CONSTITUCIÓN POLÍTICA DE LA REPÚBLICA DE PANAMÁ (2005). Panamá.
GRANADOS PEÑA, Jaime Enrique y MORRIS LIEVANO, María Mónica. (2015) Principios rectores y garantías fundamentales, sistema penal acusatorio. Ediciones jurídicas Andrés Morales. Bogotá, Colombia.
