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1
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...
2
artículo
In the text of the New Criminal Procedure Code there are rule with inquisitive lags that have being applied literally, preventing the consolidation of the Accusatory Model in Peru. Such inquisitive lags affect the consolidation of the oral audiences system and the adversarial system of trial and the design of an efficient investigation based on the coordination between the police and the prosecution. The problem is aggravated because in Peru an integral reform of the legal system (Constitution and Organic Laws) to ensure real change in criminal justice was not carried out, as it was done in Chile and Colombia. Before the defect of the legislature, there is the option of a constitutional interpretation of these rules, as stipulated in Article X of TP the NCPP, to ensure the success of the criminal procedure reform in Peru.
3
artículo
In the text of the New Criminal Procedure Code there are rule with inquisitive lags that have being applied literally, preventing the consolidation of the Accusatory Model in Peru. Such inquisitive lags affect the consolidation of the oral audiences system and the adversarial system of trial and the design of an efficient investigation based on the coordination between the police and the prosecution. The problem is aggravated because in Peru an integral reform of the legal system (Constitution and Organic Laws) to ensure real change in criminal justice was not carried out, as it was done in Chile and Colombia. Before the defect of the legislature, there is the option of a constitutional interpretation of these rules, as stipulated in Article X of TP the NCPP, to ensure the success of the criminal procedure reform in Peru.
4
artículo
The criminal dimension of the legal people demands an effective and opportune social reaction with the same degrees of «desvalor», punishment and sanction applied to the physical people, for which the inclusion in the Criminal Procedure Code of 2004 of the accessory consequences applicable to the legal people in the penal process is extremely important. Keeping that in mind, a general vision of the doctrine on the subject is presented in the text, after which the Peruvian normativity regarding the procedural emplazamiento of the legal person it is studied, its incorporation in the process, the procedural rights and guarantees and the precautionary measures that can be applied to the legal people, among other subjects.
5
artículo
The criminal dimension of the legal people demands an effective and opportune social reaction with the same degrees of «desvalor», punishment and sanction applied to the physical people, for which the inclusion in the Criminal Procedure Code of 2004 of the accessory consequences applicable to the legal people in the penal process is extremely important. Keeping that in mind, a general vision of the doctrine on the subject is presented in the text, after which the Peruvian normativity regarding the procedural emplazamiento of the legal person it is studied, its incorporation in the process, the procedural rights and guarantees and the precautionary measures that can be applied to the legal people, among other subjects.
6
artículo
Publicado 2010
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This paper develops the main pragmatic contributions brought by the implementation of the new Criminal Procedure Code. It also analyzes the problems regarding its implementation. The model that preceded the criminal procedure reform was a model of inquisitive process, where the judge was the main actor. With the arrival of the new Code of Criminal Procedure, the role of prosecutors and the Public Ministry acquires greater relevance, being these the ones in charge of the investigation in its entirety. The author establishes the following as contributions of the new Criminal Procedure Code: i) the interdiction of multiple criminal prosecution, ii) the delimitation of the performance of justice operators, iii) the functions of the National Police of Peru are established, iv ) the delimitation of jurisdictional bodies, v) the regulation of procedural costs and vi) establishes a new regulatio...
7
artículo
Publicado 2019
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The research article describes and specifies the guarantees that must be observed in an unrestricted manner during the declaration of the accused during the preparatory investigation stage, and the trial. It also seeks to establish whether the reading of the previous statements of the accused during the trial affects their right to remain silent. In the same way, it tries to specify how the contradictory statements of the accused should be evaluated during the criminal process. Finally, it seeks to determine whether the statement provided by the accused during the criminal process has evidentiary aptitude to be assessed by the jurisdictional body.
8
artículo
Publicado 2023
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The alternative indictment is regulated in the current Peruvian Criminal Procedural Code of 2004 as part of the discretionary and inherent powers of the Government Attorney General’s Office as the operator of the criminal action and head of the investigation. Its use has increased in complex and hypercomplex criminal proceedings, in which the representative of the Government Attorney General’s Office applies more than one charge for the fact being prosecuted, creating issues in its use and application, both for the Government Attorney General’s Office and for the defense. In this sense, this research will analyze and delve into the nature and purposes of alternative indictment, the infringement or not of the rights of the defendant when using this option, its use in personal preliminary injunctions, among other aspects.
9
artículo
Publicado 2023
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The alternative indictment is regulated in the current Peruvian Criminal Procedural Code of 2004 as part of the discretionary and inherent powers of the Government Attorney General’s Office as the operator of the criminal action and head of the investigation. Its use has increased in complex and hypercomplex criminal proceedings, in which the representative of the Government Attorney General’s Office applies more than one charge for the fact being prosecuted, creating issues in its use and application, both for the Government Attorney General’s Office and for the defense. In this sense, this research will analyze and delve into the nature and purposes of alternative indictment, the infringement or not of the rights of the defendant when using this option, its use in personal preliminary injunctions, among other aspects.
10
artículo
Publicado 2012
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The brand new Criminal Procedure Code, as a legal tool for an adversarial accusatory trait, aims to ensure that the operators of the criminal justice system behave with objectivity and professionalism, as part of the formula that characterizes it is to be agile, very swift, and mainly based on the principle of judicial economy, considering the cost-benefit for both the State and the system operator, this under indicators of efficiency, effectiveness and productivity; while who gives life to this body of law is the legal practitioner, the same one who should not necessarily be overly formalistic, but based on reasoning of transcendence and social reality, in order that users achive a real, serious and transparent legal certainty, i.e. social peace with justice; hence the observations that arise in this paper, aim to measure how effective or efficient both the actions and the decisions of ...
11
artículo
Publicado 2012
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The brand new Criminal Procedure Code, as a legal tool for an adversarial accusatory trait, aims to ensure that the operators of the criminal justice system behave with objectivity and professionalism, as part of the formula that characterizes it is to be agile, very swift, and mainly based on the principle of judicial economy, considering the cost-benefit for both the State and the system operator, this under indicators of efficiency, effectiveness and productivity; while who gives life to this body of law is the legal practitioner, the same one who should not necessarily be overly formalistic, but based on reasoning of transcendence and social reality, in order that users achive a real, serious and transparent legal certainty, i.e. social peace with justice; hence the observations that arise in this paper, aim to measure how effective or efficient both the actions and the decisions of ...
12
artículo
This paper reflects on the real civil precautionary measures in the Peruvian Criminal Procedural Code that are included sparsely in our code and lack a systematic order, particularly if one considers that the rules to dictated them can be found in Plenary Agreement No. 7-2011/CJ-116, adopted by the Supreme Court Plenary Division. As a result of the foregoing, this research offers an overall view of the regulation of the real precautionary measures in the Civil Procedural Code and Criminal Procedural Code of Peru, to articulate them in both bodies of law, as well as in their enforcement.
13
artículo
This paper reflects on the real civil precautionary measures in the Peruvian Criminal Procedural Code that are included sparsely in our code and lack a systematic order, particularly if one considers that the rules to dictated them can be found in Plenary Agreement No. 7-2011/CJ-116, adopted by the Supreme Court Plenary Division. As a result of the foregoing, this research offers an overall view of the regulation of the real precautionary measures in the Civil Procedural Code and Criminal Procedural Code of Peru, to articulate them in both bodies of law, as well as in their enforcement.
14
artículo
The termination of the process is a mechanism for procedural simplification has been fully regulated by the Criminal Procedure Code of 2004, but that is not new to our legal system and applied it to certain crimes-money launder in gand customs-. His addition to our criminal justice system responds to achieve greater speeding solving criminal cases because of the crisis being experienced by our justice system that results in an excessive increase in the caseload and criminal political guide lines from reforms Latin American process are from the 90’SA trend in the region. The incorporation of early termination should not only beseen from the dogmatic frame work but also from the practical, which is why we must pay attention to the numbers in the districts whereit has been applied and there by contribute to solutions that are not only in the paper.
15
artículo
Publicado 2020
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The way to solve impunity for crimes against Public Administration as a goal of Criminal Law in our national situation, will always be latent, to be able to fight, corruption needs to be shown. Through the complaint, the acts of corruption come to light to be investigated and punished In the present investigation we must aim to determine the importance of the preparatory investigation stage in crimes of corruption of officials within the framework of the New Criminal Procedure Model and the relationship between the beginning of the Preliminary Investigation and the formalization of the Preparatory Investigation in the judicial district of Puno, to identify how the fiscal disposition that declares the continuation and formalization of the preparatory investigation contributes to due process with incidence on the object and purpose of the criminal process, to deepen the analysis and interp...
16
artículo
Publicado 2018
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One of the novelties that brings the Criminal Procedure Code of 2004 is the regulation of the procedural institution of the Impugnation recognized in the Fourth Book. In this book the general precepts of the impugnation are developed, the types of resources: the replacement, appeal, cassation and complaint -, the appeal of writs and sentences, the review action, among others.Particularly, it draws my concern to analyze the novelties brought by the impugnation of the sentences, and their difference with the nullity remedy regulated for sentences of the ordinary procedure and the appeal for summary proceedings of the Code of Criminal Procedures.Consequently on this point, I will make some judgments from the point of view of the jurisprudence issued by the Supreme Court of Justice of the Republic and the doctrine developed.
17
artículo
Publicado 2010
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This paper analyzes the impact of Article 18, paragraph 3 of the new Code of Criminal Procedure, this is developed in relation to Article 149 of the Constitution of Peru. The aforementioned article of the new Criminal Procedure Code states that the penal system can not intervene in those cases where the communal authorities have already exercised their competence. Consequently, it is necessary to develop on which that competence is based. According to article 149 of the Constitution, the communal authorities have jurisdictional functions; in that sense, jurisdictional pluralism is being recognized in a broad sense. Likewise, it is necessary to specify which instances are authorized to perform said functions. The author establishes that these instances are the peasant communities, and within them specifically the communal authorities, and the peasant patrols. It is essential to mention th...
18
artículo
Publicado 2005
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This paper provides an overview of the recent amendment to the Peruvian Code of Constitutional Procedure on the constitutional procedure of habeas corpus in cases of violation, threat or restriction of personal liberty in the context of criminal proceedings. An a contrario sensu interpretation of Law No. 23506 and its complementary law has established that habeas corpus would be applied in the case of irregular procedures, although the law does not explicitly state this. Consequently, in order for habeas corpus to be valid, the irregular procedure had to be directly related to the violation of constitutional guarantees such as due process and effective judicial protection, and this violation had to affect, threaten or limit personal liberty. The absence of an explicit rule led the Code of Constitutional Procedure to state textually that habeas corpus proceedings may be brought against fi...
19
artículo
Publicado 2025
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This article problematizes the way in which criminal investigation has become functional to the strategies for managing the felt insecurity that is expressed in sensations of risk, danger, uncertainty or fear. In the understanding that the penal system validates security expectations that take shape especially in police and judicial rationalities, the aim is to establish how this security orientation is expressed in the processes of construction of criminal suspicions, i.e., how it influences the judgments of probability of authorship and participation that enable many investigative measures, restrictive of fundamental rights. In order to understand this correlation, an approach is made to the way in which security policies determine criminal discourse and praxis. From this, we try to suggest some standards for the definition of inculpatory probabilities that could contribute to the rest...
20
artículo
Publicado 2010
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The present paper analyzes the characteristics and functions that the new Criminal Procedure Code assigns to the procedural subjects in Peru. The procedural subjects that the new Code of Criminal Procedure recognizes are mainly the following: the jurisdictional body, the Public Ministry and the accused and his sponsor lawyer. It is necessary to mention that this new code strengthens the role of the victim and the civil actor. In this sense, the first place, the author develops the powers of the court, specifically, the judges. In general, these are responsible for issuing the ruling to resolve a conflict by imparting impartial justice. Some of the organs with jurisdictional competence are the Criminal Chamber of the Supreme Court, the Criminal Chambers of the Superior Courts, the Criminal Courts, the Courts of the Preparatory Investigation and the Courts of Law. One of the contributions ...
