Bibliographic citations
Benites, B., (2022). Los criterios para la prolongación de prisión preventiva en relación a los derechos fundamentales del imputado en el primer juzgado de investigación preparatoria de violencia contra la mujer e integrantes del grupo familiar del Cusco durante el estado de emergencia sanitaria del año 2021 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5218
Benites, B., Los criterios para la prolongación de prisión preventiva en relación a los derechos fundamentales del imputado en el primer juzgado de investigación preparatoria de violencia contra la mujer e integrantes del grupo familiar del Cusco durante el estado de emergencia sanitaria del año 2021 []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5218
@misc{renati/21395,
title = "Los criterios para la prolongación de prisión preventiva en relación a los derechos fundamentales del imputado en el primer juzgado de investigación preparatoria de violencia contra la mujer e integrantes del grupo familiar del Cusco durante el estado de emergencia sanitaria del año 2021",
author = "Benites Girón, Brenda Mirluy",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The present research work focuses on the study of the criteria for the Prolongation of Preventive Prison in relation to the Fundamental Rights of the accused in the First Court of Preparatory Investigation of Violence Against Women and Members of the Family Group of Cusco during the State of Sanitary Emergency in the year 2021, for which the question was asked: The criteria for the Extension of Preventive Prison adopted in the First Court of Preparatory Investigation of Violence Against Women and Members of the Family Group of Cusco, during the State of Sanitary Emergency in the year 2021, harm the fundamental rights of the accused? Arriving at the conclusion that, in the First Court of Preparatory Investigation of Violence Against Women and Members of the Family Group of Cusco, during the State of Sanitary Emergency in the year 2021, if the Fundamental Rights of the accused were aggrieved, with which no They took into consideration the seriousness that we are facing with the State of Sanitary Emergency and the State of National Emergency that we are going through to date. Although it is true that said situation was not unpredictable, which generates a circumstance of special difficulty both for the investigation and for the process, since the majority of the Representatives of the Public Ministry and Judges point out that said situation of the Covid-19 is a special difficulty of the process, since in each of the Resolutions of Cars they motivate with said argument and the suspension of the terms and others, for which there would have to be an extension of the investigation or the process, additionally it is not so developed to jurisprudential level the treatment of circumstances of special difficulty as a presupposition for the adoption of this measure, being that it is not very clear if the presupposition consists of three different options or if, on the contrary, it is that it has two aspects of application. It must be taken into account that the accused must be treated as innocent as long as there is no Final Judicial Resolution, so the Fundamental Rights violated during the State of Sanitary Emergency are recognized in our Political Constitution, therefore they are Fundamental Rights, which are found linked to each other; The Right to freedom is linked to human dignity, which brings with it the Right to life, the Right to Health, and others. The interest of the State is to prevail the Rights that are recognized and likewise to carry out a fair trial with the due constitutional guarantees, without running over the rights of the accused during the situation by the Covid-19, which is unpredictable, in addition to everything not there is some regulation established regarding this extraordinary situation to be able to adopt this personal precautionary measure that is no longer proportional or reasonable, having an effect within a reasonable time.
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