Bibliographic citations
De, N., (2015). Aplicación del procedimiento especial de terminación anticipada en el nuevo código procesal penal y la vulneración del principio de proporcionalidad en el distrito judicial del cercado de Cusco. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/184
De, N., Aplicación del procedimiento especial de terminación anticipada en el nuevo código procesal penal y la vulneración del principio de proporcionalidad en el distrito judicial del cercado de Cusco. [Tesis]. : Universidad Andina del Cusco; 2015. https://hdl.handle.net/20.500.12557/184
@misc{renati/20472,
title = "Aplicación del procedimiento especial de terminación anticipada en el nuevo código procesal penal y la vulneración del principio de proporcionalidad en el distrito judicial del cercado de Cusco.",
author = "De la Cruz Flores, Nidia Gabriela",
publisher = "Universidad Andina del Cusco",
year = "2015"
}
The process of early termination from the perspective of process systems is a manifestation of the inquisitorial scheme because it involves the renunciation of contradiction and public trial. Early termination is an institution that was introduced in our legislation and is an extremely important for the administration of justice in our country expression because it helps combat the caseload and also by this institution can be achieved faster and justice without delay. Has nature of negotiation between prosecutor and criminal accused of the penalty to be imposed, and other side-effects. This agreement is presented by the prosecutor or lawyer before the preliminary investigation judge, who will exercise control of legality of punishment, watching their legality and proportionality. Quite independently completed the process abbreviated or not, the state must prove beyond all doubt the responsibility of the accused. The judicial processes that end up by accepting positions or deal involves material exercise judgment function, which in turn requires the verification of the test as a basis for conviction. With the imposition of a particular sentence for a specific purpose, which is reflected in the principles that inspired it, but can also refer to the circumstances to be taken into account with it or can refer to the link to be drawn between being pursued their budgets and individualization same factors that must be attached to form a unit in terms implying the individualization of punishment as a concept. The judicial individualization of punishment, involves determining the quantum of sentence to impose within the legal framework; however the relevant provisions are scattered in the General Part of the Penal Code as well as other instruments of the current procedural law, so apply a penalty or any other kind of criminal sanction requires therefore a basic framework regulating, which is based on a set of guiding principles or management policies that guide the decisions of the legislator or judge to legal proceedings configuration or extension of fair and rational punishment. It is in order to set them to be observed a number of safeguards in support of the fundamental rights of individuals, including setting a penal sanction under the framework of the “principle of proportionality“, also known as the principle of prohibition of excess or just penalty, which corresponds to a policy of retributive criminal origin, closely linked to the classical notion of guilt, for which there must be correlation between the punishment and the degree of responsibility of the agent, the extent of the damage and the importance of the injured legally; reasonable equivalence in other words, in its qualitative or quantitative with the type of offense, the circumstances of their implementation and the intensity of criticism that can effect the author dimensions. Therefore the non-respect of this principle when applying a sanction would lead to a disruption of basic rights as it would be disproportionate and not in accordance with law. In the period from June 2014 to June 2015 in the Judicial District Fencing Cusco it has been noted that this mechanism early solution is used on a large scale then we could determine that effectively helps the procedural download and accurately it responds in good account factors rationalization, when before the production of a criminal event, society and victim expect a swift and effective response; however this should go hand in hand with the imposition of a penalty proportional to the damage done and within established legal parameters. For these reasons is born our questions does the principle of proportionality is violated in Early termination statements within the Judicial District of Cusco ?, Fencing review and analysis of judgments Early Termination could effectively determine if it violates The principle of proportionality in most cases, taking as factors in this first account misapplication of sincere Confession, the incorrect application of the amendments circumstances of punishment (extenuating, privileged, aggravating and mitigating aggravating qualified), which causing an incorrect determination and identify it. This indicates that the judge does not conduct a proper judicial review which also causes there is no proper motivation of judgments. Through research, I could achieve my objectives and make a critical analysis of the criteria on which the prosecution and the defense relied to establish it. So I conclude warning that the treatment in each individual case is different so the prosecution and if the defense of the accused must take into account the criteria No. 30076 Act, for sentencing and the judge must make a proper legality in Early Termination agreements to thereby not incurring violations.
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