Citas bibligráficas
Cartagena, Y., (2016). La aplicación del proceso inmediato a raíz de la modificatoria del decreto legislativo Nº 1194 colisiona con el derecho de defensa, en los juzgados penales de la provincia de Sicuani: un análisis a partir de la experiencia. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/473
Cartagena, Y., La aplicación del proceso inmediato a raíz de la modificatoria del decreto legislativo Nº 1194 colisiona con el derecho de defensa, en los juzgados penales de la provincia de Sicuani: un análisis a partir de la experiencia. [Tesis]. : Universidad Andina del Cusco; 2016. https://hdl.handle.net/20.500.12557/473
@misc{renati/1127385,
title = "La aplicación del proceso inmediato a raíz de la modificatoria del decreto legislativo Nº 1194 colisiona con el derecho de defensa, en los juzgados penales de la provincia de Sicuani: un análisis a partir de la experiencia.",
author = "Cartagena Humpiri, Yonathan Bryan",
publisher = "Universidad Andina del Cusco",
year = "2016"
}
This research arises in order to conduct a study, analysis and interpretation regarding the substantial amendments produced on the immediate process by Legislative Decree No. 1194, regulations issued by the executive obeying the delegation of legislative, published in the official newspaper the Peruvian dated August 30, 2015 and came into force on November 28, 2015. Being that the purpose of this statute is to combat the rising tide of insecurity therefore is that the legislature take this into account and in order to lessen the feeling of latent especially in the most vulnerable social strata insecurity, is that reform articulated book V, articles 446, 447 and 448 of the penal code of 2004 concerning the immediate process, introducing substantial changes to the original rule changes, changes for the purposes of this research affect that affects a number of safeguards and both procedural and constitutional principles and essentially figures as the reasonable time, the right to defense, the presumption of innocence and also in the giving of the standard some constitutional guarantees are affected as are autonomy and ownership of prosecution is affected ; therefore the very essence of the criminal process that by its nature and following countless historical sacrifices has become Peruvian society based guarantees accusatory system that by its nature is recognizer of the fundamental rights of individuals (without distinction unnerves is this accused or aggrieved) and which states that the punitive state action materializes through a persecutor body of the crime (Public Ministry) and the role of judging is done by an impartial body, in the context of recognition of guarantees procedural and subject to the political constitution of Peru. Therefore it can not invalidate an entire criminal justice system by the unilateral introduction of a single figure of swift justice that performs a turn 360 degrees on a justice system that was initially garantista, just to get faster results to fill statistics they respond to political interests of the moment, that in order to gain acceptance erroneous criminal policies apply, that while the caseload decrease in tax and judicial office not diminish the crime will always be latent in human society. It is for this reason that research we propose has a nuance aimed to find out how the implementation of the new model of swift justice affects the right of defense, for which an approach of quantitative research were used, essentially because through analysis of records and interviews with some experts explain whether this process has an impact on the rights of the defense in this area also aims to discover other peripheral data to help us being affected to understand the applicative reality of the norm currently in effect. Therefore it is necessary to note that the legal research that has been done is appropriate and conducive to understand the pros and cons of the decree, as the applicative reality is far from the objectives for which initially the legislature drafted the so sounded and criticized reform it is important to note also that we will make an evaluative analysis of concepts that must be present for the development of standards, issues such as state, constitution, criminal proceedings, procedural systems, constitutional guarantees and principles of criminal procedure, because all these issues have intimate relationship, to contain links, since no one could speak rulemaking (legislative decrees, etc.), but these are subordinate to a supreme standard as is the constitution, and could not speak of constitution without state tells the story of evolution, because with the emergence of society and the need for organization of this, is that the state arises. All the above must be encompassed in respect of the fundamental rights of the human person, therefore we conclude by saying that as it brandished question some rules is necessary because the legislature is human and can get wrong.
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