Citas bibligráficas
Palacios, T., (2023). Vulneración al derecho de defensa del denunciado en el marco del proceso conforme a la ley N° 30364 [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/10715
Palacios, T., Vulneración al derecho de defensa del denunciado en el marco del proceso conforme a la ley N° 30364 [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/10715
@misc{renati/378506,
title = "Vulneración al derecho de defensa del denunciado en el marco del proceso conforme a la ley N° 30364",
author = "Palacios La Rosa, Teresa de Jesús",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The research work proposes a theme focused on the scope of the analysis of Law No. 30364 and the procedure that has been established in that norm for the granting of protection measures in favor of the alleged victim. It was proposed to point out that the procedure that the law contains affects the minimum guarantees of the right to defense, especially the right to defense, and owns a limiting treatment of rights for the accused, disrupting the principle of presumption of innocence. For the purposes of this thesis, the following was indicated as a statement of the problem: “How is the defendant's right to defense violated within the framework of the process in accordance with Law No. 30364; The objective to achieve was indicated: ""to determine how the defendant's right to defense is violated within the framework of the process in accordance with Law No. 30364."" Based on the problem raised, the research methods were used, which allowed the accreditation and validation of the working hypothesis, that is, it was possible to verify that: ""the right of defense of the accused is violated within the framework of the process according to Law No. ° 30364, due to the fact that protection measures are ordered regardless of the contradictory hearing; there is only the possibility of appealing without suspensive effect the resolution that grants these measures; and, the aforementioned measures are imposed without sufficient corroboration.” Subsequently, the conclusions were enunciated, to finish, recommending a lege ferenda reform to Law No. 30364.
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