Citas bibligráficas
Lavado, J., (2024). La falta de regulación de la elevación de actuados en casos de denegatoria de reexamen y el derecho a la pluralidad de instancias [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/34013
Lavado, J., La falta de regulación de la elevación de actuados en casos de denegatoria de reexamen y el derecho a la pluralidad de instancias [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/34013
@mastersthesis{renati/378646,
title = "La falta de regulación de la elevación de actuados en casos de denegatoria de reexamen y el derecho a la pluralidad de instancias",
author = "Lavado Mendoza, Joseph Steven",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
The present research is carried out with the purpose of determining how the request for elevation of proceedings in cases of denial of review affects the principle of plurality of instances in the Fiscal District of La Libertad, years 2019- 2021. In sub-chapter I of the theoretical framework, everything related to the role and actions of the Public Ministry in the Preparatory Investigation was developed including its organization, functions of the Prosecutor, the development of different procedural models, as well as the study of the criminal process in each of its procedural stages (preparatory investigation, intermediate stage, and adjudication). In sub-chapter II of the theoretical framework, the principle of plurality of instances was analyzed both at the national and international levels, its content from the jurisprudence of the Judiciary, the Constitutional Court, and the Inter American Court of Human Rights. In sub-chapter III of the theoretical framework, the system of appeals in the Peruvian Code of Criminal Procedure was developed, describing and analyzing the appeal mechanisms regulated by said legal body, as well as detailing the appealable prosecutorial decisions and establishing a comparison between the appeal system of the Public Ministry and that of the Judiciary. Regarding the latter, as will be explained, there are different appeal mechanisms regulated by our Code of Criminal Procedure, all of them oriented towards the jurisdictional function; however, with respect to the performance of the Public Ministry, only the "elevation of proceedings" or complaint of law is recognized, which proceeds in specific scenarios (disposition of archive or provisional reservation of the investigation). Finally, in sub-chapter IV of the theoretical framework, the figure of the review of proceedings in the Code of Criminal Procedure was analyzed, its notions,opportunity and admissibility, effects, its incidence with the res judicata and the ne bis in idem, its relation to the right to truth recognized by the Inter-American Court of Human Rights and the possibility of appealing to the hierarchical superior the denial of the request for review of proceedings. As will be exposed in this research, the possibility of appealing the denial of the request for review of proceedings is necessary as a manifestation of the principle of plurality of instances. This stance is reinforced by the Inter-American vii Court of Human Rights, which recognizes the need to find the truth of the facts and to prosecute crimes that constitute violations of human rights, as well as by the existence of foreign legislations that regulate this scenario in their respective codes. Through the development of specific objectives, analysis of prosecutorial provisions obtained as samples, interviews with lawyers and prosecutors with specialized knowledge in Criminal Procedural Law, and an extensive theoretical framework, it has been possible to respond to the general objective proposed in this research. As a recommendation, it is proposed to urge the justice system to adopt measures that guarantee respect for and compliance with the principle of plurality of instances, as well as to carry out training, internships, and exchanges of experiences with Latin American countries regarding the principles of criminal procedure, plurality of instances, review of proceedings, and its denial. Finally, the modification of article 335 paragraph 2 of the Code of Criminal Procedure is proposed to be compatible with the plurality of instances
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