The way to fight the impunity of crimes as a goal of Criminal Procedure Law, will always be latent in our legal system, always seeking the correct administration of justice under the parameters, due process, safeguarded by all the guarantees and principles that In it converges. For this reason, the analysis of "THE ANTINOMY BETWEEN ARTICLE 259 INC.3 and 4 AND ARTICLE 261, INC. 1.B OF THE CRIMINAL PROCEDURE CODE, WITH RESPECT TO THE DETENTION OF THE AGENT WHO HAS ACHIEVED TO PREVENT HIS DETENTION", tries to determine If there is a contradiction between the two rules that prevents their simultaneous application. The present paper proposes to develop both articles, knowing the criteria of interpretation developed by the Constitutional Court to establish if they comply with the requirement of the constitutional principle of judicial reserve. Also with the purpose of providing a proposal for ...