Bibliographic citations
Rodríguez, L., (2020). La investigación suplementaria de oficio y la vulneración a los principios del proceso penal peruano [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/6376
Rodríguez, L., La investigación suplementaria de oficio y la vulneración a los principios del proceso penal peruano [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2020. https://hdl.handle.net/20.500.12759/6376
@mastersthesis{renati/372566,
title = "La investigación suplementaria de oficio y la vulneración a los principios del proceso penal peruano",
author = "Rodríguez Casas, Luis Renato",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2020"
}
This thesis has been called “The supplementary abetment and the violation of the principles of the Peruvian criminal process. The 2004 Criminal Procedure Code states that, in order to request a supplementary investigation, it must be at the request of the part, duly justify before the Judge of Preparatory Investigation and not for the judge. But now, the judicial decisions that provide for a supplementary abetment, without opposition of the aggrieved party, are being presented in the casuistry. That is why, the general objective of this investigation is to determine the Principles of the Peruvian Criminal Process that are violated by arranging a Supplementary Investigation ex officio. To meet this objective, it has been used as population and sample, national casuistry and interviews with specialists, with non-probabilistic sampling. The scientific, logical, legal method, and the techniques of observation, interview, documentary compilation and photocopying have been used. The main results obtained in the present investigation were the following: the doctrinal positions have indicated that the judiciary can only arrange for a supplementary abetment, if it has been expressly requested by any of the parties, it may only order acts of investigation and evidence required by the civil actor, following the logic of an accusatory trend process. For example, in Guatemala and Argentina, its regulations make it clear that such investigation can be requested by the judiciary itself, without the need for intervention by the parties, which makes it different from what is regulated in our country. In the cases studied, the judge is wrongly resolving an investigation referred to ex officio because, he considers it necessary to safeguard the right of the victim, avoid impunity and to clarify the facts; but without properly motivating their resolutions. Finally, we can point out that, the presence of the Accusatory Principle in the current criminal procedure, that is, there can be no trial without accusation, and must be required by a person outside the court; is the prosecution who has the exclusive characteristic of exercising criminal action and accusing, lacking this, the process should come to an end. In this way, according to the reading of Article 346 ° paragraph 5 of the Criminal Procedure Code, the only possibility of having a supplementary investigation is if any procedural subject requests it and having ex officio would mean a judicial interference that is prohibited in the criminal process, which affects the principles of criminal procedure.
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