Bibliographic citations
Fernandez, N., (2021). Facultad de los fiscales superiores penales para disponer investigación suplementaria en la etapa intermedia del proceso penal [Tesis, Universidad Científica del Perú]. http://hdl.handle.net/20.500.14503/1637
Fernandez, N., Facultad de los fiscales superiores penales para disponer investigación suplementaria en la etapa intermedia del proceso penal [Tesis]. PE: Universidad Científica del Perú; 2021. http://hdl.handle.net/20.500.14503/1637
@mastersthesis{renati/193511,
title = "Facultad de los fiscales superiores penales para disponer investigación suplementaria en la etapa intermedia del proceso penal",
author = "Fernandez Hernandez, Nestor Armando",
publisher = "Universidad Científica del Perú",
year = "2021"
}
The purpose of this investigation is to demonstrate that, with respect to the powers of the Senior Prosecutor within the scope of his functions, the criminal procedural rule has omitted a very important function that generates limitations in the fulfillment of his function, a power that has been expressly assigned to the Judge of preliminary investigation, despite not being part of his functions, to order the supplementary extension of the fiscal investigation. However, unlike other theses that we have found as background, in this case we do not oppose the functions assigned to the Judge of preliminary investigation. We believe that in the intermediate stage, the judge can notice the omission of investigative acts by the prosecutor and, exceptionally, order a supplementary extension where he does not replace the prosecutor, he simply orders the performance of acts that may be significant for his pronouncement. Regarding the request for dismissal by the Provincial Prosecutor, at this point we are convinced that said function - which strengthens the investigation - should also be granted to the Senior Prosecutor who, like the Judge of Preparatory Investigation, will pronounce himself in his case at the appeal stage and for his pronouncement he will To confirm or rectify the request for dismissal made by the provincial prosecutor, it is necessary to have these powers that also fall under the principle of unity of fiscal function and that will allow, in the case of a request for dismissal from the Provincial Prosecutor, especially in the case of discrepancy and rectification of the request, to order an accusation with greater elements of conviction and greater foundation in its formulation, which will facilitate at the same time the work and function of the new provincial prosecutor summoned to formulate the accusation, who will have greater arguments for his accusatory request, especially taking into account that without a solid accusation it is not possible to achieve a fair conviction.
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