A point of balance in the positions of the victim in the Cuban criminal process

Abstract

The victim in the Cuban criminal process has become the protagonist of the criminal procedure reform. The comparative experience of its regulation in Latin America and its gradual positioning have conditioned it to enjoy a different status. Their participation in the process is manifested in various procedural positions, such as complainant, civil actor or in an inert position in which they do not assert their rights and guarantees. The objective of this contribution focuses on the foundation of the positions of the victim in the criminal process, whose scope would be the assessment of those regulated in the Criminal Procedure Law, in search of a point of balance in their performance, fundamentally in the coadjuvant. The article is structured in five epigraphs, for which we use scientific research methods such as legal comparison, analytical exegetical and legal history, fundamentally, which allowed us to conclude that the positions contained in our adjective law are permeated with doctrinal theoretical support, broad, in balance with the most modern trends in procedural law, despite the fact that in some of them, they need a better normative articulation in order to safeguard the guarantees of due process.