Citas bibligráficas
Cayllahua, B., (2022). La restricción del derecho de apelación en el código procesal penal en el caso de la condena del absuelto y su incompatibilidad con las normas supranacionales [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5200
Cayllahua, B., La restricción del derecho de apelación en el código procesal penal en el caso de la condena del absuelto y su incompatibilidad con las normas supranacionales []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5200
@misc{renati/23329,
title = "La restricción del derecho de apelación en el código procesal penal en el caso de la condena del absuelto y su incompatibilidad con las normas supranacionales",
author = "Cayllahua Nuñez, Blix Americo",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
The present thesis is entitled “THE RESTRICTION OF THE RIGHT OF APPEAL IN THE CRIMINAL PROCEDURAL CODE IN THE CASE OF THE CONVICTION OF THE ACCUSED AND ITS INCOMPATIBILITY WITH THE SUPPRANATIONAL RULES“, it deals with the problem of the restriction of the right of appeal, in those cases where the defendant acquitted in the first instance, is found responsible and therefore convicted in the second instance, being left without the possibility of appealing the sentence against him, with this we are referring to the problem that arises due to the validity of Article 425. 5 of the NCPP, which undoubtedly leaves the defendant defenseless in cases of conviction of the acquitted, in these cases the defendant will be without the possibility of filing an appeal against said sentence, due to Article 425.5 of the NCPP, which refers to “against the sentence of second instance only the request for clarification or correction and appeal for cassation, provided that the requirements established for its admission are met“, which makes it impossible to file an appeal against the sentence of the appeal in the case of “the conviction of the acquitted“. This research focuses its concern on the teleological incompatibility of the restriction to the appeal in the case of the accused acquitted in the first process and convicted in the appeal degree (conviction of the acquitted), because the supranational courts such as the inter-american court of human rights has issued a pronouncement regarding the conviction of the acquitted referring that the states in which the appeal does not exist must create a higher review instance, this in order to not restrict the appeal to every defendant, with the same plurality of instance enshrined in the constitution. In this way the present thesis arises, to be able to make a dogmatic analysis and give a solution to the problem of the restriction to the right to appeal in those cases of the acquitted defendant, which brings with it article 425. 5 of the NCPP; in the same way by means of the present investigation the institutions of the sentence of the acquitted, right of appeal and its teleological incompatibility with the supranational norms are developed, likewise this thesis gathers opinions regarding the subject, by means of the technique of interviews the opinions of the operators of the law (litigant lawyers, judges, prosecutors and public defenders), in this way the investigation is concluded with the conclusions and proposals to offer solution to the problematic of the restriction of the right of appeal and its teleological incompatibility with the supranational norms in the sentence of the acquitted.
Este ítem está sujeto a una licencia Creative Commons Licencia Creative Commons