Bibliographic citations
Tello, J., (2023). Implicancias constitucionales del derecho a guardar silencio y las declaraciones previas durante la etapa de juicio oral [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/11063
Tello, J., Implicancias constitucionales del derecho a guardar silencio y las declaraciones previas durante la etapa de juicio oral [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/11063
@mastersthesis{renati/379576,
title = "Implicancias constitucionales del derecho a guardar silencio y las declaraciones previas durante la etapa de juicio oral",
author = "Tello Ramírez, Jorge Juan",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The objective of the present investigation was to analyze and determine what are the constitutional implications that the introduction of prior statements during the oral trial stage has in the right to remain silent. The research had a mixed approach and a sequential exploratory design, being that a sample was formed by documentary sources and jurisprudence, as well as criminal lawyers of the city of Trujillo, during the period 2021; A documentary analysis guide and two duly validated questionnaires were used as tools. The investigation concludes that, by affecting the impartiality of the judge, 65.2 per cent of violations of the presumption of innocence and 65.2 per cent of violations of due process constitute the constitutional implications for the right to remain silent of the introduction of preliminary statements during the oral proceedings; where there is a Rho= 0.696 (high positive correlation), and significance (p < 0.01). For this reason, the oral statements of the accused in the course of the oral proceedings, when the accused chooses to exercise his right to remain silent, are incorrect, in view of the fact that this scenario would lead to the breach and violation of the constitutional guarantees that inspire due process and effective judicial protection, as well as violates the notion of guaranteeing criminal law.
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