The reasonable time in the criminal process: The problem of who should establish said reasonableness

Abstract

The content of the following work aims to demonstrate that the competent body to establish what should be the reasonable time frame in the criminal process is the Legislative Power –not the Judiciary Power as has always been sustained–, who must establish by means of a norm, both general and abstract, to prevent the latter from being eternal, and thus be able to guarantee the constitutional mandate of the Preamble to further strengthen justice and just processes. This need be with the purpose of avoiding arbitrariness or the discretionary criterion of the magistrates in the search to determine themselves what the terms and times should be.