Citas bibligráficas
Agreda, J., (2023). Análisis de constitucionalidad de la regulación de la prueba trasladada en el proceso penal peruano [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/11065
Agreda, J., Análisis de constitucionalidad de la regulación de la prueba trasladada en el proceso penal peruano [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/11065
@mastersthesis{renati/379065,
title = "Análisis de constitucionalidad de la regulación de la prueba trasladada en el proceso penal peruano",
author = "Agreda Chavarry, Jonathan Samir",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The problematic reality is related to analyzing the constitutionality of the transferred evidence; for this, the constitutional basis for enabling the test was analyzed; Likewise, the jurisprudential pronouncements issued by the Constitutional Court and the Supreme Court in relation to the transferred evidence were studied. In the same way, the comparative legislation that regulates this type of evidence was evaluated and it was determined that there is no impediment to the recognition of the evidence transferred in the Peruvian criminal process. Legislative modification being necessary in order to endow this evidence with constitutionality, for this, a specific hearing for the performance of evidence transferred in the criminal process must be regulated. Previously, it was formulated as a problem: Is the regulation of the evidence transferred in the Peruvian criminal process constitutional? The general objective of the investigation was to determine if the regulation of the evidence transferred in the Peruvian criminal process is constitutional. To fulfill this objective, the diverse national and foreign doctrine was analyzed, as well as their respective legislations, casuistry at the national level and sentences of the Constitutional Court and the Supreme Court were selected; interviews were conducted with specialists in criminal and constitutional procedural law. In the execution of the thesis, general or logical methods, and specific or legal research methods were applied, as well as research techniques with their respective instruments. In the investigation, results were reached, discussing them, ratifying the problematic reality warned by the investigator and contrasting the proposed hypotheses in the sense of whether the performance of the transferred evidence would be constitutional, provided that its application is regulated in the Criminal Procedure Code. After the investigation, conclusions are drawn and a legislative proposal is proposed as a recommendation in order to contribute to overcoming the observed problem.
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