Bibliographic citations
Voysest, R., (2023). Regulación de la comunicación oportuna de circunstancias, como requisito para solicitar la prolongación de la prisión preventiva [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/13554
Voysest, R., Regulación de la comunicación oportuna de circunstancias, como requisito para solicitar la prolongación de la prisión preventiva [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/13554
@mastersthesis{renati/379238,
title = "Regulación de la comunicación oportuna de circunstancias, como requisito para solicitar la prolongación de la prisión preventiva",
author = "Voysest Oliva, Raúl Enrique",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The regulation of Euthanasia is the object of study, specifically the determination of its constitutional arguments as a clear manifestation of decision-making on ethical, transparent arguments and respectfor the autonomy of will of patientswith terminal illnesses, in order to Ontar with a clear legal framework and precise regulations that establish the necessary procedures and safeguards to prevent abuses and protect the interests of the terminally ill patient. The research is based on doctrinal arguments, as well as in the light of the emblematic case of Ana Estarda, also finding support in the positions of the specialists in the study, considering as a problem statement: What constitutional foundations will sustain the recognition of euthanasia as a fundamental right in Peru? Once the execution of the study began and ended, using a methodology according to the type of research, the hypothesis formulated in the sense that: the constitutional foundations to recognize euthanasia as a fundamental right in Peru are: Respect and constitutional defense of the Dignity of the Human Person; the right to die with dignity and not to be subjected to cruel and inhuman treatment. The above is based on results, widely discussed, warning that what the researcher warned is a latent problem, existing in the legal and social field, necessary for immediate regulation, consistent in the light of the emblematic case of Ana Estrada. Once the study is completed, it is considered to present results for the objectives set, the same ones that are conducted in the conclusions and in the recommendation related to the proposal of legal regulation whose text is also included in this report, as a clear expression of respect and constitutional defense of the Dignity of the Human Person; the right to die with dignity and not to be subjected to cruel and inhuman This scientific exploration deals with the questionable regulation contained in article 274 of the Criminal Code, which allows the possibility that once pretrial detention has beendeclared; the Public Prosecutor's Office does not carry out the necessary steps for the investigation, or they are not sufficient to achieve the purpose of the investigation, allowing the duration of the procedural precautionary measure of a personal nature to elapse and precisely when the holder of the exercise of the criminal action is on the verge of its completion, requires the prolongation of the measure of procedural coercion, violating various principles such as reasonable time, exceptionality and subsidiarity, having in that situation an argument to found or justify the inaction of inquiry, harmingthe accused, making his status disproportionate Noting therefore the need to regulate that the communication of the circumstances that would support the extension of the preventive detention must be communicated at the first opportunity that arises, as a requirement of the extension and not wait for the expiration of the aforementioned prison; for this purpose, it is considered to state the following question: What legal grounds will support the regulation of the timely communication of circumstances, as a requirement to request the extension of pretrial detention? Theexecution of this research, is based on the use of different general procedures to collect and contrast different specialized information, thus methods such as the Scientific Method, Inductive Method, Deductive Method, Analytical Method, Historical Method, Doctrinal Method; in the same way specific procedures were used to collect information such as the Techniques: Observation, Analysis of Documents and Interviews with specialists in the subject under study; with their respective research instruments, we specifically rely on the Observation Guide, the Bibliographic Records and the Interview Questionnaire. After employing the methods, techniques and instruments, it was possible to obtain results, which were discussed in relation to the objectives proposed, the same that support the position raised by the investigator, concluding that the legal bases to 9 regulate the timely communication of circumstances, as a requirement to request the extension of pretrial detention are: Constitutional respect for the dignity of the human person, the right to reasonableness of the term of pretrial detention and the right to personal liberty. After the scientific exploration, it is considered to postulate conclusions, as well as a recommendation that concretizes the results and allows to offer a legislative proposal as a contribution of the basic study
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