Bibliographic citations
Almanza, B., (2021). Coherencia entre la pena y los criterios de control de legalidad en los acuerdos de terminación anticipada de los juzgados de investigación preparatoria, Cusco período 2018-2019 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4566
Almanza, B., Coherencia entre la pena y los criterios de control de legalidad en los acuerdos de terminación anticipada de los juzgados de investigación preparatoria, Cusco período 2018-2019 []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4566
@misc{renati/1126523,
title = "Coherencia entre la pena y los criterios de control de legalidad en los acuerdos de terminación anticipada de los juzgados de investigación preparatoria, Cusco período 2018-2019",
author = "Almanza Huayllani, Brenda Ximena",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
The present investigation was determined in the Preparatory Investigation Courts of the Cercado of Cusco, where agreements of Early Termination are approved without carrying out the control of the legality of the penalty, since, given the determination, who represents the Public Prosecutor’s Office makes mistakes, which were not analyzed by the Judge, but were validated, exactly: the basic penalty is identified by setting an intermediate penalty for the commission of the offence, so that there is no legal mechanism, in the process of determining the specific penalties for several cases that generic circumstances of Articles 45 and 46 of the Criminal Code are used, without substantiating the reasons for the aggravating considerations, however in other cases they were only mentioned without giving them any value that were used in the circumstances without being regulated according to the rule. On the other hand, the circumstances that led to a change in criminal responsibilities were not taken into account, which affected the sentence previously determined at the appropriate time, likewise it is considered that for the cases of the real contest of offenses the basic penalties as well as their corresponding penalties for each crime related to the contests had to be identified, then add 2 partial penalties that have been determined in addition, confessions are used as mitigating circumstances for the determination of the basic penalty, without taking into account that this is the qualified circumstance that will allow to reduce the minimum penalty framework, the moment the basic penalty is identified. Finally, a warning was issued regarding the application of the benefit for the reduction of one-sixth of the specific sentence inadequately determined, leading to improperly proving the agreements.
This item is licensed under a Creative Commons License