Although justice is an ideal that is probably unattainable, there are legal principles that intend to provide basic conditions for the laws to be applied systematically and without arbitrariness. One of these principles is due process .
Every government must respect the legal rights of the people. Thus, in the procedural field a series of requirements must be maintained to ensure that a process complies with all the requirements established by law. Due process is integrated with fundamental human rights .
in criminal matters
The state has the power to punish or sanction criminal conduct. So that punishments are not abusive or arbitrary, it is essential that certain requirements are met. Thus, due process in criminal matters requires compliance with a series of guidelines and conditions.
First, every individual has the right to be tried by a judge who has no relationship with the parties involved (this criterion is intended to guarantee legal impartiality). In this sense, there is the right to a judge’s refusal when the person being judged understands that he may have some kind of inclination against him.
Second, everyone can receive legal advice from an attorney and if they cannot pay for their services, the state must provide them with an attorney-in-fact.
Likewise, anyone who submits to court action can request that their own language be used at the trial . Of course, due process expressly prohibits the use of any form of torture to obtain information and recognizes the possibility of filing an appeal to review a court decision.
Due process should not be interpreted as a set of technicalities that protect criminals
Opinions are often expressed contrary to due process. Thus, it can be said that human rights have been used as legal strategies to exonerate criminals. Due process requirements must be understood as criteria that cannot be violated under any pretext or circumstance, otherwise the legal system will be broken and weakened.
In short, this legal principle has an ethical dimension and for this reason is integrated into the set of internationally recognized human rights. Consequently, it is a series of minimum and necessary requirements, without which it is not possible to exercise justice.