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artículo
The present paper analyzes one of the contributions of the new Peruvian criminal procedure model: procedural speed. The new norm must respect both the principle of celerity and the right to defense, and in that sense, it must harmonize both. The body in charge of speeding up the process is the Public Ministry, since it has the power to decide whether or not to initiate the process and determine the strategy to be followed: direct accusation, the immediate process, the process of early termination, among others. The author develops the analysis of procedural speed in the different stages of the process. In this sense, first, the materialization of the procedural speed during the preparatory investigation stage is analyzed. Concluding that currently the right to the reasonable term is violated, because, although the norm establishes maximum terms, these are not respected and, on the contra...
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artículo
The present paper analyzes one of the contributions of the new Peruvian criminal procedure model: procedural speed. The new norm must respect both the principle of celerity and the right to defense, and in that sense, it must harmonize both. The body in charge of speeding up the process is the Public Ministry, since it has the power to decide whether or not to initiate the process and determine the strategy to be followed: direct accusation, the immediate process, the process of early termination, among others. The author develops the analysis of procedural speed in the different stages of the process. In this sense, first, the materialization of the procedural speed during the preparatory investigation stage is analyzed. Concluding that currently the right to the reasonable term is violated, because, although the norm establishes maximum terms, these are not respected and, on the contra...