Citas bibligráficas
Díaz, P., (2016). El derecho de defensa y doble instancia en la inapelabilidad de la sanción administrativa policial de amonestación. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/474
Díaz, P., El derecho de defensa y doble instancia en la inapelabilidad de la sanción administrativa policial de amonestación. [Tesis]. : Universidad Andina del Cusco; 2016. https://hdl.handle.net/20.500.12557/474
@misc{renati/20346,
title = "El derecho de defensa y doble instancia en la inapelabilidad de la sanción administrativa policial de amonestación.",
author = "Díaz Coloma, Pool",
publisher = "Universidad Andina del Cusco",
year = "2016"
}
Respect for the constitutional rights of every person in a society is a prerequisite for the existence of a genuine constitutional rule of law requirement. Our laws must conform to the provisions of the Constitution in order to ensure such respect and care for human rights; however, at present there are still laws which part of its normative content does not conform to the guarantees provided in the Constitution of Peru, as in the case of Legislative Decree No. 1150, Law of Disciplinary Regime of the National Police of Perú, rule governing as one of its methods of punishment to the warning, this being impossible according to that law to appeal by the police, even if they have evidence that did not commit the offense they are accused. The above gives rise to this research, whose purpose is to conduct an analysis of the express prohibition to appeal the sanction of warning and determine whether it affects the constitutional rights of police cash, such as the right of defense and dual instance; for this purpose, in this research synthesized results translated into a simple and useful language for any reader is. The type of research design used is not experimental in cross or transactional way, because it is a single observation of facts or events to identify; the type of research is catmatic-performing, which are according to the qualitative research approach, since it is an investigation that seeks to determine whether or express legal provision prohibiting appeal the sanction of warning not affect the rights of the police officer. Also due to the nature of the research topic it will be used as main techniques and instruments of observation, literature review and interviews. In conclusion we can validate the hypothesis of the thesis, which through analysis of results it can be stated that the express prohibition to appeal the police administrative punishment of warning, affects the right of defense of sanctioned police, as there are It gives the possibility to refute the finding of the charges against him, and also believe in the police cash the misconception that must resign themselves to the imposition of that penalty, since it interprets literally nothing you can do about that to challenge the decision of the superior contravene the law and police discipline.
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