Citas bibligráficas
Paz, F., (2025). Reemplazo de juez de investigación preparatoria ante la rectificación del requerimiento de sobreseimiento por parte del Fiscal Superior [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/56951
Paz, F., Reemplazo de juez de investigación preparatoria ante la rectificación del requerimiento de sobreseimiento por parte del Fiscal Superior [Tesis]. PE: Universidad Privada Antenor Orrego; 2025. https://hdl.handle.net/20.500.12759/56951
@misc{renati/1361144,
title = "Reemplazo de juez de investigación preparatoria ante la rectificación del requerimiento de sobreseimiento por parte del Fiscal Superior",
author = "Paz Castillo, Faustina",
publisher = "Universidad Privada Antenor Orrego",
year = "2025"
}
This research addressed the replacement of the preparatory investigation judge when the superior prosecutor rectified the dismissal request. The study focused on the need to regulate this replacement from a legal approach, considering that the right to a fair trial requires adequate control of the new indictment. The main objective was to determine the legal reasons that justify the regulation of this replacement. To this end, the procedures related to dismissal were analyzed, the importance of the role of the investigating judge was analyzed and the legal treatment in other countries such as Costa Rica and Paraguay was compared. In addition, a normative reform of article 345 of the Code of Criminal Procedure was proposed to establish the basis for an adequate replacement of the investigating judge. The research used a qualitative design, supported by critical reading, documentary analysis, and interviews with investigative judges. Logical and legal methods, such as deductive and historical, were used to understand the importance and impact of the replacement of the judge in the administration of justice. It is also important to highlight that the Code of Criminal Procedure introduced significant changes in the procedural system, transforming it from an inquisitorial system, where the judge concentrated the functions of investigation and resolution, to an accusatorial system with a clear division of roles. In this new process, the prosecutor is in charge of the preparatory investigation, while the preparatory investigation judge controls the decisions of dismissal or indictment. However, when a superior prosecutor rectifies a request for dismissal, there is a problem with the impartiality of the judge who has already assessed the elements of conviction, which could compromise the equality of arms and the right to a fair defense of the accused. Finally, the results indicated the need for a reform that guarantees objectivity and the protection of fundamental rights in criminal proceedings, avoiding contradictions with constitutional principles and international treaties
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