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criminal process » criminal procedure (Expander búsqueda)
para criminal » cura criminal (Expander búsqueda), banda criminal (Expander búsqueda), tacna criminal (Expander búsqueda)
1
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 ...
2
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 ...
3
artículo
The present work aims to analyze the article 419 (2) of the Code of Criminal Procedure, in accordance with article 425 (3) (b) of the Code of Criminal Procedure, which allows the conviction of the acquitted by the Superior Criminal Court, a rule that remains in force despite the fact that, the majority of the jurisprudence issued by the Supreme Court of the Republic and the Constitutional Court itself have declared that convincing the acquitted violates the right to a plurality of instances, a fundamental right contained in article 139 (6) of the Constitution of Peru. And even the Constitutional Court in its ruling in case No. 04374-2015-PHC/TC, dated July 21, 2020, urged the Congress of the Republic to establish an amendment to article 425 (3) (b) of the current Code of Criminal Procedure to enable the review, through an ordinary appeal, of the conviction of the person acquitted in...
4
artículo
The present work aims to analyze the article 419 (2) of the Code of Criminal Procedure, in accordance with article 425 (3) (b) of the Code of Criminal Procedure, which allows the conviction of the acquitted by the Superior Criminal Court, a rule that remains in force despite the fact that, the majority of the jurisprudence issued by the Supreme Court of the Republic and the Constitutional Court itself have declared that convincing the acquitted violates the right to a plurality of instances, a fundamental right contained in article 139 (6) of the Constitution of Peru. And even the Constitutional Court in its ruling in case No. 04374-2015-PHC/TC, dated July 21, 2020, urged the Congress of the Republic to establish an amendment to article 425 (3) (b) of the current Code of Criminal Procedure to enable the review, through an ordinary appeal, of the conviction of the person acquitted in...
5
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...
6
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...
7
artículo
Publicado 2020
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In these lines, we will analyze the most relevant aspects of the regulation of wiretapping in the Spanish procedural system. The current regulation, product of a reform operated in 2015, incorporates a copious jurisprudence and it responds to the need to safeguard the democratic quality of our procedural system through an adequate respect for the principle of legality. The reform, which incorporated other technological investigation measures, contains relevant aspects such as the objective and subjective scope, the content of the judicial resolution or the definition of the guiding principles for the adoption of the measure.
8
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.
9
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...
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 2012
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Given the inadequate regulation of criminal proceedings for want of the Code of Criminal Procedure, 2004, this paper intends to integrate the law through the judge’s interpretive activity. This technique is applied to the different ways it can end this kind of criminal trial and are exposed in this essay
12
artículo
Publicado 2012
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Given the inadequate regulation of criminal proceedings for want of the Code of Criminal Procedure, 2004, this paper intends to integrate the law through the judge’s interpretive activity. This technique is applied to the different ways it can end this kind of criminal trial and are exposed in this essay
13
artículo
Publicado 2023
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Our criminal procedure system confers the possibility of requesting two claims from the court when a criminal act has been committed. The first of these is the criminal claim, whose owner is the Public Ministry; The second claim is civil compensation, which is claimed by the aggrieved party constituted as a civil actor. However, the present research work manages to demonstrate that in the casuistry the criminal judges grant undue legitimacy to the civil actor to claim a criminal claim that it is not their responsibility to defend, even arrogating ownership of the criminal action of the Public Ministry. It is possible to prove that the civil actor has subordinated his claim for compensation to the prior conviction of a crime, contrary to what is stipulated in the Criminal Procedure Code of 2004. It is also shown that criminal judges agree to various requirements of the civil actor regardi...
14
artículo
Publicado 2017
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The existence of early and timely resolution processes for matters of simple processing is now a reality. With the introduction of orality in judicial processes, the great challenge lies in obtaining true justice as a quality public service. What simple processes are solved in a differentiated way is not a problem, but a solution. The discussion now focuses on how to make it possible and what should be respected, beginning from the state criminal policy, the real reasons behind the reform, judicial guarantees and, finally, opportunities for improvement.
15
artículo
Publicado 2018
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In this article we analyze the value of truth in transition processes, when after going through totalitarian regimes there is a special difficulty in achieving justice. The author develops the work that the specially created bodies have done for these cases and the sense that the truth acquires within the criminal processes. Finally, two examples of how similar processes have occurred in a couple of countries are presented.
16
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...
17
artículo
Publicado 2018
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The psychoeducational intellectual work of Lev Vygotsky (1896-1943) provides a theoretical and sociohistorical meaning that allows you to see from a contextualized perspective the higher forms of self- regulation, conscious control and forms of self-governance. This contribution to the theory of the psychology of education is clearly consistent with the conclusions of the interaction approaches that have been developed by the sociology of the Chicago School (George Mead, 1863-1931), proposing the concept of “Symbolic Interactionism” (Herbert Blumer, 1900-1987), to explain the essentially social nature of the person and his actions, which were consolidated in the field of criminology. From the recognition of the pedagogical-educational purpose that is assigned to the process and juvenile criminal sanction, the present essay aims to use the socio- historical theoretical (Vygotsky) and ...
18
artículo
Publicado 2018
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The psychoeducational intellectual work of Lev Vygotsky (1896-1943) provides a theoretical and sociohistorical meaning that allows you to see from a contextualized perspective the higher forms of self- regulation, conscious control and forms of self-governance. This contribution to the theory of the psychology of education is clearly consistent with the conclusions of the interaction approaches that have been developed by the sociology of the Chicago School (George Mead, 1863-1931), proposing the concept of “Symbolic Interactionism” (Herbert Blumer, 1900-1987), to explain the essentially social nature of the person and his actions, which were consolidated in the field of criminology. From the recognition of the pedagogical-educational purpose that is assigned to the process and juvenile criminal sanction, the present essay aims to use the socio- historical theoretical (Vygotsky) and ...
19
artículo
Publicado 2019
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The present paper describes the current debate about the criminal punishment purpose, as the element that legitimates its imposition. Thus, the author analyses the existent theories to determine how the affect the judicial individualization. As culmination, there is a review of the current practical application of criminal punishment purpose in juridical system, to make some recommendations to be applied.
20
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...
