Citas bibligráficas
Tello, L., (2024). Influencia de la emergencia sanitaria en la variación de prisión preventiva, Segundo Juzgado de Investigación Preparatoria de Tarapoto, año 2020 [Universidad Nacional de San Martín. Fondo Editorial]. http://hdl.handle.net/11458/6013
Tello, L., Influencia de la emergencia sanitaria en la variación de prisión preventiva, Segundo Juzgado de Investigación Preparatoria de Tarapoto, año 2020 []. PE: Universidad Nacional de San Martín. Fondo Editorial; 2024. http://hdl.handle.net/11458/6013
@misc{renati/1054327,
title = "Influencia de la emergencia sanitaria en la variación de prisión preventiva, Segundo Juzgado de Investigación Preparatoria de Tarapoto, año 2020",
author = "Tello Mestanza, Lidia",
publisher = "Universidad Nacional de San Martín. Fondo Editorial",
year = "2024"
}
The general objective of this research was to determine the influence of the health emergency on the variation in pre-trial detention in the Second Preparatory Investigation Court of Tarapoto, year 2020. Three specific objectives were set out: to determine the influence of legislative decree 1513 on the principle of proportionality, Second Preparatory Investigation Court of Tarapoto, year 2020, as well as to determine the influence of the right to life and health on the strict disregard of procedural danger, Second Preparatory Investigation Court of Tarapoto, year 2020 and to determine the influence of the medical report on due process, Second Preparatory Investigation Court of Tarapoto, year 2020. The hypothesis of the general objective was that the influence of the health emergency on the variation of pretrial detention in the Second Preparatory Investigation Court of Tarapoto, year 2020 is high and positive. The type of research was basic correlational, with a non-experimental design, descriptive level, quantitative approach, with a total population of 30 legal operators, which consisted of 3 judges, 3 prosecutors and 24 lawyers in criminal matters in Tarapoto. They responded to questions with statistical format "Likert scale", the samples were processed by statistical analysis of Spearman Rho. The result showed that the sanitary emergency had a high positive influence with the variation of preventive imprisonment in the Second Preparatory Investigation Court of Tarapoto, year 2020, since a correlation of 97% was determined; likewise, a high positive influence of 98% was obtained from legislative decree Nº1513 with the principle of proportionality, also the right to life and health had a high positive influence with the strict non-observance of procedural danger with a correlation of 92%. The medical report had a high positive influence on due process in the Second Preparatory Investigation Court of Tarapoto, year 2020 with a correlation of 91%; however, it was evident that the respondents considered that the Second Preparatory Investigation Court did not comply with the 20 working day deadline for the ex officio review of pretrial detention. In addition, when evaluating the requests, the principle of proportionality and procedural danger was not correctly evaluated, since the respondents agreed that in the penitentiary establishments of Tarapoto, the medical personnel did not provide care for the pretrial detainees. They agreed that the penitentiary establishments in 2020 did not have the biosecurity conditions for the treatment of COVID-19 patients; the sanitary emergency due to COVID-19 was a new element of conviction that modified the preventive detention, which allows concluding that in the Second Preparatory Investigation Court of Tarapoto the sanitary emergency influenced the variation of preventive detention; however, due to different factors, the requests for variation of preventive detention were not granted.
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