Citas bibligráficas
Ambulay, R., (2023). Incorporación del sobreseimiento por atipicidad en el proceso de terminación anticipada en el Perú [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/14931
Ambulay, R., Incorporación del sobreseimiento por atipicidad en el proceso de terminación anticipada en el Perú [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/14931
@misc{renati/372853,
title = "Incorporación del sobreseimiento por atipicidad en el proceso de terminación anticipada en el Perú",
author = "Ambulay Rueda, Rosita María",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The present investigation is developed in the criminal legal field, generating expectations of the incidents that manifest in the stage of the process, being titled ““incorporation of dismissal due to atypicality in the early termination process in Peru““, which leads to the following question will be asked: What are the legal bases to expressly regulate the dismissal due to atypicality in the special early termination process in Peru? The investigation is justified from two angles, the first being from the theoretical point of view, which maintains that it is not possible for a case to be dismissed in an early termination hearing; From a practical point of view, it is inferred that by dismissing the case, the preparatory investigation judges reduce their procedural burden, given that new hearings would not have to be held to deduce exceptions of inadmissibility of action. For the investigation to be effective, its main objective is: to determine what the legal bases are to expressly regulate the dismissal due to typicality in the special process of early termination in Peru; Its specific objectives are four: establish the scope of early termination in light of doctrine and jurisprudence, analyze the legality control that is done at the hearing, early termination, analyze the principles of criminal legality, procedural economy and favorability criminal and as a final objective to propose the incorporation of dismissal due to typicity in the special process of early termination in Peru. The hypothesis to which the investigation responds: the legal bases to expressly regulate the dismissal due to typicality in the special process of early termination in Peru, is based on four: the preparatory investigation judge becomes a sentenced judge, the atypicality does not change Depending on the elements of conviction incorporated, the principle of procedural economy is implemented, it would avoid the “penalty of the bench” and finally strengthens the principle of legality; is in accordance with the principle of criminal favorability
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