Reform of the Code of Criminal Procedure

Abstract

The article critically analyzes the preliminary draft reform of the Code of Criminal Procedure, with the aim of systematizing the observations and suggestions formulated by a committee of the Public Prosecution Service of the Federal District regarding its structure, terminology, legislative technique, and doctrinal choices. It adopts a legal-analytical and propositional methodology based on a detailed examination of the draft provisions, comparison with the current Code, with general procedural theory, with legal scholarship, and with case-law references, while also proposing textual corrections and alternative normative solutions. It argues that the draft represents progress in several respects, especially by strengthening the institutional role of the Public Prosecution Service, valuing defense guarantees, reorganizing procedural themes, and moving closer to the accusatorial system, but it identifies terminological improprieties, flaws in legislative drafting, and systematic inconsistencies in matters such as subsidiary private prosecution, powers of the Public Prosecution Service, interrogations by letters rogatory, topical organization of procedural subjects, and appellate regulation. The article further demonstrates concern with harmonizing the proposed criminal procedure with proper legal language and related legislation, advocating adjustments to preserve internal coherence and technical rigor. It concludes that the reform deserves constructive acceptance, but depends on critical revision and targeted improvements in order to achieve greater systematic unity, conceptual precision, and compatibility with procedural guarantees and with the modern conception of criminal procedure.