This research arises from the interest in studying the problems related to the application by the Public Prosecutor of La Libertad, in the period 2007-2012, of complementary and alternative charges under Articles 3 and 374º 349th paragraph and paragraphs 1 2 Criminal Procedure Code and the likely involvement of the rights to due process and defense of the accused. The research question is formulated as follows: Why the application of Articles 349, subsection 3 and 374º paragraphs 1 and 2 of the Criminal Procedure Code violates the rights to due process and defense in criminal proceedings conducted in the Superior Court of La Libertad? Front to the problem the following hypothesis was formulated: "The application of Articles 349th paragraph 3 and 374º paragraphs 1 and 2 of the Criminal Procedure Code violates the rights to due process and defense, because it allows alternative and comp...