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1
artículo
Publicado 2019
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This assay presents the due process of law as a constitutionalized human right facing the Peruvian administrative proceeding. It describes the road traveled by the former up to its ultimate acknowledgement, in the administrative law, through the different regulatory, doctrinarian and jurisprudential instruments. It shows the present consolidation of said right in an administrative headquarters and offers clues for its future interpretation and attention, from the national and compared viewpoint.
2
artículo
Publicado 2019
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This assay presents the due process of law as a constitutionalized human right facing the Peruvian administrative proceeding. It describes the road traveled by the former up to its ultimate acknowledgement, in the administrative law, through the different regulatory, doctrinarian and jurisprudential instruments. It shows the present consolidation of said right in an administrative headquarters and offers clues for its future interpretation and attention, from the national and compared viewpoint.
3
artículo
Publicado 2010
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This paper highlighted the discussion about the environmental matters over the criminal proceeding. The author makes a presentation of the compared environmental criminal codifications; especially he focuses in the German regulation from which he rescues some aspects. He says that in an international level, as well as the compared law and the national law it legitimates the concept of environmental justice access. It does not forbidden that the environmental criminal law is a new area in the national criminal regulation, as well as it must been questioned how the criminal procedure code will contribute with the environmental criminal policy purpose. Likewise, it made a reference regarding the environmental criminal proceeding elements in some countries in the region. Over the same topic it been said that the European development of the environmental criminal law has focused in the ...
4
artículo
Publicado 2014
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In this interview, Dr. Chau shares some ideas about the tax reforms of the past two years and their implementation. In this way, the interview addresses the news that brought the introduction of partial audits, individual consultations and the procedures related to these. Then, it focuses on the role of the Tax Court in the implementation and consolidation of these new tax law institutions.
5
artículo
Publicado 2020
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In this study, an analysis of pre-trial proceedings is made, given the new scenario of programming virtual hearings and the subsequent procedural burden that will arise once the state of emergency is lifted. Moreover, operational aspects are raised for the correct application of this procedural institution and statistical data on its use in specialized courts in different parts of the country are evaluated, in order to reevaluate the advantages of pre-trial proceedings as a tool for procedural simplification that leads to an expeditious, effective and timely resolution.
6
artículo
Publicado 2021
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When a father or mother resort to the court, in order to get days to be established to visit their daughter or son, given the impossibility of reaching an agreement; It would not have to delay in being resolved the controversy on the part of the Judge, with the expedition of the corresponding sentence; since it is not a complicated Litis. Those who are involved in the processing of this type of judicial process, be they defendants or operators of the law, warn that these processes can last years in the first instance until it is resolved, increasing the uncertainty when it is appealed and has to be reviewed by the Superior Hierarchical, in this case the Civil or Family Chamber, as appropriate. In this article it is intended, without making legislative modifications, with the existing legal weapons, to make the Visitation Processes more efficient, for the benefit of the child or adolescen...
7
artículo
Publicado 2021
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When a father or mother resort to the court, in order to get days to be established to visit their daughter or son, given the impossibility of reaching an agreement; It would not have to delay in being resolved the controversy on the part of the Judge, with the expedition of the corresponding sentence; since it is not a complicated Litis. Those who are involved in the processing of this type of judicial process, be they defendants or operators of the law, warn that these processes can last years in the first instance until it is resolved, increasing the uncertainty when it is appealed and has to be reviewed by the Superior Hierarchical, in this case the Civil or Family Chamber, as appropriate. In this article it is intended, without making legislative modifications, with the existing legal weapons, to make the Visitation Processes more efficient, for the benefit of the child or adolescen...
8
artículo
«Conformidad» is a very old institution in the Spanish criminal procedure system, since it dates back to the 19th century. In recent decades it has experienced a notable increase in its application as a negotiated criminal justice mechanism, as a result of several modifications in the Law of Criminal Procedure that have sought to introduce more space for negotiation in said figure and encourage its use. However, as an unwanted effect, such modifications have made the already convoluted regulation of said institute more complex, which makes it difficult to understand its physiognomy. This paper examines the current state of «conformidad» in the Spanish Criminal Procedure Law. Its scope of application, its requirements, its content, its processing and its effects are reviewed in the ordinary procedure, in the abbreviated procedure and in the fast procedure. A critical analysis of «con...
9
artículo
Publicado 2024
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The seriousness of the existing academic harassment and the solutions, sometimes successful, sometimes not so successful, given by higher education institutions, justifies this work. The objectives pursued are to investigate a subject where there is a relevant international, European and national regulation of academic institutions of higher education; to analyze the legal precepts on harassment in Spanish universities, also the Law of University Coexistence, as well as the doctrine and jurisprudence applicable to these cases. In this context, the use of the social jurisdiction is promoted due to the outstanding protection it grants to the party most in need of protection and due to the characteristics of the social jurisdictional order. Often, the labor route may be an option that the victim may consider to be the best way to resolve these situations, in those cases that are more favora...
10
artículo
Publicado 2017
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The present article seeks to make known the probative treatment of compliance programs in a criminal proceeding followed against a legal entity. It is necessary to execute a compliance program within a company to achieve effective control and prevention of risks. It also details how the legal entity, in its status as a procedural subject, must prove the effectiveness of said compliance program in order to be exempt from liability for the commission of an offense carried out by a manager or subordinate belonging to the business organization.
11
artículo
Publicado 2021
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Over the years, the procedures for the extraction of DNA fingerprints have become more and more uniform and detailed in terms of obtaining them, being that this type of evidence has been chosen as one of the main ones within the criminal process, displacing the testimonial evidence.However, it is important to verify if the current legislation has been advancing according to the steps of science and, above all, to analyze questions about its reliability to prove certain criminal acts.This is a descriptive bibliographic review of qualitative character where we will try to make evident the importance of DNA evidence and forensic genetics in criminal proceedings. Science is advancing more and more and so are the techniques used in the analysis of DNA evidence, thus incorporating specialized methodologies in the investigation of crimes. Courts have recognized that DNA evidence can be more rel...
12
artículo
Publicado 1997
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The A. interprets Piotinus's Enneads starting from the notion of procession, key element for understanding the architecture of the Plotinian universe hierarchical lyordered around the One-Good. From the first principie proceed all other beings that converge in him. Four aspects are mainly examined: 1) The axiom of the procession. 2) The two moments of the procession: the ascendent and the descendent. 3) The images of the procession.4) Among these metaphors, he favours the centre and the circle, core of the analysis of the notion of procession.
13
artículo
Publicado 2019
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The objective of the study was to determine the relationship between the absence of the institute from the extrusion in the Peruvian criminal procedure system and the unjust prosecution of the Huanuco Judicial District, 2012-2014. The type of research in the present study was observational. In the study the correlational and analytical design was applied. The population of the present study consisted of the total of resolutions in which the extradition in the criminal proceedings of the last three years of entry into force of the New Criminal Procedure Code in the Judicial District of Huánuco has been applied period 2012-2014. , 24 prosecutors were taken into account. The sample corresponded to the non-probabilistic sampling for convenience constituted by the only three cases with resolutions issued by the Superior Chamber of the Judicial District of Huánuco, where enforcement was invo...
14
artículo
Publicado 2017
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The insolvency system in Peru, besides having a private nature, has a sui generis administrative nature governed by the Insolvency Law, hence being supervised by the Indecopi. It is so that the later and the Judicial Power have a constant relationship that, if not properly regulated and developed, can cause negative consequences and disincentives on privats.The author develops the aforementioned relationship through a historical account and, a development of the elements of its interaction. He focuses on the administrative litigation process and on its main basis, the right to effective judicial protection. On the other hand, it raises options of “temporary” solution to the determined challenges, due to the sui generis administrative nature of this system, to generate transparency and predictability in it.
15
artículo
Publicado 2010
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This paper sets out to analyze some new rules of the New Criminal Procedure Code linked with the regulation of the civil action exercise in the criminal proceeding. The author indicates that the civil liability that is required in the criminal proceeding does not derivate from a commission of a crime: the crime has the penalty as a consequence and the civil wrong a civil penalty. The civil actor has to be interested on the existence of a damage, not that the fact that it is based on be a crime. An erroneous understanding of this issue caused that the civil action were conditioned to an emission of a condemnatory resolution due to the civil action is not accessory of the penalty. It be emphasized that exists an accumulation of pretensions whose own basis lies on the procedure economy. Furthermore, it been said that there are regulatory matters who provoke the confusion of the civil ...
16
artículo
Publicado 2019
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In this work we critically approach the figure of the illicit association from a double perspective: historical and constitutional, questioning its theoretical foundations and its jurisprudential use. We connect your employment with arbitrary criminal proceedings where procedural guarantees are usually violated. We recover its political history in times of witch hunts, when the term „subversive association“ is born, in times of persecution of the coven, taken by many contemporary historians (especially feminist as Silvia Federici) as forms of resistance to new forms of organization of rural property (since behind the witch hunt was the expansion of rural capitalism) or resistance to the privatization of land in Europe. We conclude, making a parallel with the witch hunt (political criminalization program), that the alternative to the constant and growing criminalization of marginaliz...
17
artículo
Publicado 2021
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The purpose of this article is to analyze the provision contained in article 49, paragraph 1), of the New Labor Procedure Law, regarding the moment in which the judge delivers the copy of the answer and its annexes to the plaintiff, granting him/her a prudential time to review the evidence, and also regarding the possible affectation to the principle of equality of arms. Based on this approach, we intend to discuss the scope of the principle of procedural equality and the role of the judge in the labor process.
18
artículo
The Chain of Custody is considered a fundamental element in criminal proceedings, since it depends on the validity that the judge comes. The Judicial Police, the Prosecutor's Office and all those responsible for the chain of custody must carry out their duties without any negligence, so that they are not involved in responsibilities that may be administrative, civil and even criminal. This study focuses on analyzing the elements to be taken into account in the management of the chain of custody in the Ecuadorian criminal process that guarantee the validity of the evidence. The importance of reviewing the topic lies in the need to know relevant aspects of the chain of custody and the evidentiary elements. It also includes information on the conditions and people involved in the stages of collection, shipment, handling, analysis and conservation of these elements, as well as possible chang...
19
artículo
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
20
artículo
Publicado 2024
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This article aims to reflect on the implementation of artificial intelligence in constitutional processes, specifically in amparo and habeas corpus proceedings against judicial rulings, and the aporia that such an approach would entail, given that it is currently a complex task for claimants to determine the violation of constitutionally protected fundamental rights within ordinary judicial processes. This implies that when such processes are constitutionalized, they may fail to merit a substantiated judgment, as inadmissibility often becomes a decisive factor. From this perspective, an intriguing question arises: Would the implementation of artificial intelligence be effective in resolving constitutional processes that challenge judicial decisions, particularly from the standpoint of protecting fundamental rights and ensuring effective procedural safeguards? Answering this question requ...
