Bibliographic citations
Huaylla, J., (2015). Las intervenciones corporales sin el consentimiento del imputado en el Código Procesal Penal de 2004. Una visión constitucional [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/2258
Huaylla, J., Las intervenciones corporales sin el consentimiento del imputado en el Código Procesal Penal de 2004. Una visión constitucional [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2015. https://hdl.handle.net/20.500.12759/2258
@mastersthesis{renati/376325,
title = "Las intervenciones corporales sin el consentimiento del imputado en el Código Procesal Penal de 2004. Una visión constitucional",
author = "Huaylla Marin, José Antonio",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2015"
}
This thesis deals with the problems related to the regulation of procedural institution called body nterventions, allowing it to practice even without the consent of the accused, something that contradicts everything related to obtaining valid test. That is why in this investigation have been aised doctrinal, jurisprudential and normative foundations that legitimate regulation of the procedural institution, because I believe that with this regulation can ensure success in research, and to protect and enforce the rights of victims of criminal behavior and to provide greater legal certainty and unfailingly approach to achieve real truth, since the measures the company may also rely on the system of administration of justice and consequently the perception of impunity ates would be reduced. It has also been determined that one thing are the foundations of egulation and else are the estimates for the origin of these measures, such as the limited extent be found under the law, to be adopted by judicial decision, except danger in delay as cases of vehicle driving while intoxicated, and essentially apply the proportionality test for each case in accordance with the guidelines established by our Constitutional Court and comparative law. Finally, this research has seen fit to analyze as are sheltering in Peru such measures and under what grounds authorizing them, so they used two separate tax claims and judgments on the subject under analysis, having obtained as a result of the existence of deficiencies of motivation n determining the proportionality test to this case, because often a simple replica recitals already established by our Constitutional Court, ie, in not all cases there is the analysis is performed and their use to the case, sometimes forming a sort of template concepts or paradigmatic case law without finding the link that makes them applicable to the case study.
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