Bibliographic citations
Gutierrez, P., Sevillano, Y. (2021). Vulneración de principios procesales al no admitir recurso de apelación contra la resolución que incorpora al Tercero Civilmente Responsable [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/20229
Gutierrez, P., Sevillano, Y. Vulneración de principios procesales al no admitir recurso de apelación contra la resolución que incorpora al Tercero Civilmente Responsable []. PE: Universidad Nacional de Trujillo; 2021. https://hdl.handle.net/20.500.14414/20229
@misc{renati/1047028,
title = "Vulneración de principios procesales al no admitir recurso de apelación contra la resolución que incorpora al Tercero Civilmente Responsable",
author = "Sevillano Lozano, Yorvis Junior.",
publisher = "Universidad Nacional de Trujillo",
year = "2021"
}
ABSTRACT The present research work called "Violation of procedural principles by not admitting appeal against the resolution that incorporates the civilly liable third party", has as its fundamental purpose an analysis of article 112, paragraph 3 of the Peruvian Criminal Procedure Code, as it prescribes the following: "Only the resolution that denies the constitution of the civilly liable third party is appealable." That is why our investigation revolves around the issue of analyzing which procedural principles may be violated by limiting the responsible civil third party from filing the appeal against the judicial resolution that incorporates him into the criminal process as a procedural subject to respond civilly for the legal consequences of the commission of a crime; and only allow the Representative of the Public Ministry to appeal the judicial resolution that denies the Constitution in a Responsible Civil Third Party. Finally, with the information collected and the analysis carried out, we will propose a legal amendment to the aforementioned article because, in our opinion, the article makes an unfair limitation to the challenge, since a potential offense to the procedural subject may occur when it is incorporated into a process in which it does not have an interest to act, therefore the judge of first instance has erred in its assessment; Furthermore, if the Public Ministry or Civil Plaintiff is allowed to appeal the denial of the entry of the responsible civil third party, it should also be allowed to challenge the resolution that admits the entry through an appeal, which in any case could be one without suspensive effect.
This item is licensed under a Creative Commons License