Bibliographic citations
Antinori, J., (2023). Criterios jurídicos que justifican la indemnización por falta de motivación debida en la aplicación de las prisiones preventivas [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/11254
Antinori, J., Criterios jurídicos que justifican la indemnización por falta de motivación debida en la aplicación de las prisiones preventivas [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/11254
@mastersthesis{renati/380677,
title = "Criterios jurídicos que justifican la indemnización por falta de motivación debida en la aplicación de las prisiones preventivas",
author = "Antinori D’Angelo, Joselyn Michelle",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
This thesis entitled: ““LEGAL CRITERIA THAT JUSTIFY COMPENSATION FOR LACK OF DUE MOTIVATION IN THE APPLICATION OF PREVENTIVE PRISONS““; addresses the study, at a descriptive level, on the way in which the Trujillo Criminal Courts of Preparatory Investigation decide to declare the preventive detention requested by the representative of the Public Ministry, violating the principle of motivation, and this is verified when subsequently issuing a acquittal, when the prosecutor presents a withdrawal of accusation or when presenting a request for dismissal. To formulate and contrast our hypothesis, a theoretical framework divided into five chapters has been worked on. In the first chapter, the topic of Precautionary Measures in criminal proceedings was developed, in which the following items were discussed: definition, requirements and classes. In the second chapter, the theme of the Presumption of Innocence was developed, in which we pointed out conceptualization, dimensions of the presumption of innocence, manifestations, the presumption of innocence in national legislation and in comparative law. In the third chapter, the topic of the Motivation of Judicial Resolutions was dealt with, in which conceptualization, justification of the motivation, requirements of the motivation, pathologies of the motivation, motivation in the jurisprudence and in the criminal sentence were addressed. In the fourth chapter we address the Judicial Error, and finally in chapter five the topic on Right to compensation for judicial error was developed. Likewise, the hypothesis is based on the analysis of the instruments applied in the investigation process: interviews with judges, prosecutors and trial lawyers and analysis of the resolutions issued by the preparatory investigation courts that declared the requirements of preventive prisons founded and the resolutions of the criminal judges that issued an acquittal, that declared the withdrawal of the accusation founded or that declared the request for dismissal founded, with the purpose of analyzing the legal criteria that justify the compensation for lack of due motivation in the application of the preventive prisons. This investigation concludes by determining that the criminal judges of the Trujillo preparatory investigation have not been motivating in an adequate manner the orders that declare the pre-trial detention requirement founded, existing in all the cases analyzed an insufficient motivation. Likewise, we conclude that one of the reasons for which a deficient motivation is registered is due to the lack of preparation of the magistrates, but fundamentally because they focus on extra-legal criteria, causing there to be, in most cases, an automatic application. of the term requested by the representative of the Public Ministry without verifying that what is established in the criminal procedural norm is actually complied with
This item is licensed under a Creative Commons License