Bibliographic citations
Bayona, E., (2024). Vulneración del principio del interés general en la investigación del juez de garantías y la denegatoria de la investigación suplementaria [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/17991
Bayona, E., Vulneración del principio del interés general en la investigación del juez de garantías y la denegatoria de la investigación suplementaria [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/17991
@misc{renati/379885,
title = "Vulneración del principio del interés general en la investigación del juez de garantías y la denegatoria de la investigación suplementaria",
author = "Bayona Chero, Eliana María",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
In the Peruvian criminal process, specifically in the intermediate stage, there are legal forms that alter high complex. Occasionally it has been subject of analysis about doctrine and jurisprudence; however, there are others that have been few studied, how is the further investigation. Now, in the criminal procedure code is regulated the requirements demanded at the request of dismissal of investigation for the Provincial Fiscal. The opposite for the parties in interest, that is, it's necessary that there are the possibility of a further investigation, must previously verified if you meet necessary requirements. However, there are legal vacuum the must to interpret and regulate, according to the search for truth and purpose the criminal process. In the city of Piura, two very similar circumstances occurred (lack of requirements of dismissal), which until now it have been resolved in a different way, there being no uniformity with the judges like in Exp N 000302-2019-JR-PE-01, the court of preparation research of Chulucanas, until now has not resolved although the fact (Abduction in grade of attempt) it occurred in 2013; instead, in the exp 00302- 2019-JR-PE-01, the court of preparation research of Tambogrande has resolved favorably, provision the Provincial fiscal carry out the further investigation, although there are the opposite about the dismissal,That is to say, it has assessed that given the existence of an insufficient investigation, in order to reach a correct evaluation either for a possible request for accusation or dismissal of the case, it is necessary to carry out procedures that allow this. Finally, propose a bill about change the articule 345.6 the Peruvian criminal procedure code, to allow the fiscal superior to power to request to the guarantee judge. To order the further investigation, in a certain legal deadline and exceptional
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