¿Sujetos u objetos del proceso penal? Derechos humanos, toma de muestras y exámenes corporales

Abstract

The adversarial accusatory criminal process in Mexico was created to reduce human rights violations, since one of the main activities where this occurred in the inquisitive models was the search for information and evidentiary activities justifying any means for it. Despite the regulatory changes, in practice this dynamic continues to be repeated and those involved are allowed to become objects of evidence. Since one of the purposes of the process is to guarantee the greatest exercise of freedoms in the face of their least affectation, it is important to determine which are the elements that bodily interventions must contain, to declare them legitimate affectations of the rights of those involved, and specify if intimacy, privacy and free development of the personality for carrying out research activities on people is restricted in Mexico.