Bibliographic citations
Gaitán, J., (2015). La constitución del actor civil en el nuevo código procesal penal y la garantía de una tutela judicial efectiva a favor de la víctima [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/1123
Gaitán, J., La constitución del actor civil en el nuevo código procesal penal y la garantía de una tutela judicial efectiva a favor de la víctima [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2015. https://hdl.handle.net/20.500.12759/1123
@misc{renati/375543,
title = "La constitución del actor civil en el nuevo código procesal penal y la garantía de una tutela judicial efectiva a favor de la víctima",
author = "Gaitán Caffo, Jorge Andrés",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2015"
}
The present research work aims to determine what are the main causes preventing the procedural act to become a civil actor to bring the compensatory action in the accusatorial model guarantees assumed by the Wilson, to ensure a truly effective judicial protection in favour of the victim. The collection of data regarding the theoretical must say that we use the dogmatic method for doctrinal information and proactive legal method in relation to the policy proposal; regarding the collection of field data we use the technique of content analysis and instruments of the questionnaire of experts applied to legal operators so that they contribute their experience and knowledge in lathe to our problems and guide data where is appropriated everything related to judicial records. In terms of the most important results that we have obtained in our implementation phase is that their legal treatment is unfavorable that give them powers to prove the Commission of the punishable denatures the institution of the civil actor, requiring the aggrieved the Constitution civil actor to claim civil compensation also does not agree with the guiding principles an accusatory system guarantees with adversarial tendency humanistson the other hand statistics of judicial practice point out that its incidence is low with an average of 56%, occurs with increased incidence in charges of negligent injury and driving vehicle while intoxicated and that in the majority of cases there is no homogeneity in the quantum of the amount of the reparation of the damage. The main conclusion is that the main causes that prevent the procedural act of being constituted in civil actor from guaranteeing a real effective judicial tutelage in favor of the victim, are its juridical denaturalization, the restrictions existence in the rights of the victim and the absence of access to the justice on equal terms; by it there is recommended the abolition of the juridical institution of the civil actor, as well as the modification of the article 95.1 of the NCPP in the sense of considering inside the rights of the the injured party to request straight to the jurisdictional organ condemns the imputed one to the repair of the damage.
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