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The right to a due process represents a vanguard mechanism for human rights and fundamental freedoms. This right, consisting of a set of fundamental principles that ensure the legality of the procedures or decision-making of state, serves as a guarantee of eliminating any arbitrariness in the exercise of state power over the individual. For this reason, it appears entirely important, especially for the person accused of committing a criminal offense, serving as a guarantee, as when he hasdoi:10.5901/mjss.2015.v4n1p135 fatcat:iiizzgii45erpdozeorxf34wta