Manual de Funcionamiento Unidades de Solución Temprana

The UST aim to provide a solution to conflicts generated by the violation of the penal law through alternative methods and special procedures. The Política de Persecución Penal establishes that the UST are a model of management that allows for the effective handling of cases that can be resolved through summary procedures, conciliation, or mediation. The UST have been created to address the delinquency that is not complex, does not come from organized crime, or is not related to the realization or processing of complex cases. The UST will have competence in investigations derived from imputed individuals who are deprived of their liberty in flagrancy, as well as in cases of delinquency included in the summary process. The UST will be responsible for providing a solution to the conflicts generated by the violation of the penal law, through alternative methods and special procedures. The objectives of the UST are to define the criteria for the assignment of cases at the national level, which will allow for the homologated action of the UST, in terms of the catalog of crimes that they will know. The UST will apply the Política de Persecución Penal in the approach to delinquency, promoting the exercise of the penal action before the judges or accepting an alternative solution or special procedure, as appropriate. The fiscal will have to have proof of the existence of the crime, the participation of the accused in the facts, and verify if they have the will to solve the conflict through any of the alternative methods or special procedures provided by law. The UST will have to simplify the methods of work, towards a response to the victim that feels attended and protected by the State, and to the accused, respect for their guarantees, fundamental rights, and due process, as well as to the other interveners. The UST will have to apply the principles of legality, objectivity, and impartiality, proportionality, and rationality, regulated in the Código Procesal Penal, the Organic Law of the Fiscalía General de la República, and other special laws on the fiscal action, the Política de Persecución Penal, and the Directrices on the function of the fiscales. The fiscal will have to promote the exercise of the penal action before the judges or accept an alternative solution or special procedure, as appropriate, having proof of the existence of the crime, the participation of the accused in the facts, and verifying if they have the will to solve the conflict through any of the alternative methods or special procedures provided by law. The UST will have to apply the Política de Persecución Penal in the approach to delinquency, promoting the exercise of the penal action before the judges or accepting an alternative solution or special procedure, as appropriate.