Bibliographic citations
Reyes, R., (2023). Juicio oral bifásico para debatir y acreditar la pena y/o reparación civil en el proceso penal peruano [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/11200
Reyes, R., Juicio oral bifásico para debatir y acreditar la pena y/o reparación civil en el proceso penal peruano [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/11200
@mastersthesis{renati/380384,
title = "Juicio oral bifásico para debatir y acreditar la pena y/o reparación civil en el proceso penal peruano",
author = "Reyes Sagástegui, Robert Alexander",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
The present investigation arises from the concern that in Peru the oral trial, which is classified as the main stage of the common criminal process, is unique, which limits the possibility that both the guilty trial and the trial regarding the determination of the penalty and/or civil compensation is limited, in this context it is proposed that the division of the trial into two phases be expressly regulated, as happens in comparative law, in such a way that it is determined first the so-called trial of certainty and then the legal consequence that may derive from the crime or from the typical fact in criminal proceedings. From what was said in the preceding paragraph, throughout the investigation international legislation has been reviewed and analyzed and it has been possible to clearly see that several of the countries that have criminal accusatory proceedings divide the trial into these two phases; In addition, international doctrine and also national doctrine have been favorable to this possibility, and even if there is more delay in the trial, this way of proceeding in the trial from two sub-stages would be much more guaranteeing in order to achieve a fair sentence consistent with the rights of the accused. However, in addition to what is highlighted by the doctrine and comparative law on the benefits that dividing the oral trial into two parts would bring, it has been established here, by virtue of the Peruvian criminal procedure system with respect to those indicated in article 12 paragraph 3 of the Code of Criminal Procedure to warn that the division of the oral trial should not only occur, as the majority maintains: when there is a declaration of guilt, but that a procedural space should also be opened to discuss civil reparations in cases of acquittal.
This item is licensed under a Creative Commons License