Bibliographic citations
Camargo, E., Centurion, M. (2023). Principio de Proporcionalidad en relación a la Prisión Preventiva [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/671265
Camargo, E., Centurion, M. Principio de Proporcionalidad en relación a la Prisión Preventiva [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2023. http://hdl.handle.net/10757/671265
@misc{renati/411961,
title = "Principio de Proporcionalidad en relación a la Prisión Preventiva",
author = "Centurion Alvarez, Maria Alexandra",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2023"
}
This report details a constitutional claim against the resolutions of the Court and the Criminal Chamber regarding the foundations that were established to dictate the preventive detention requirement to citizen Jaime Yoshiyama. In said lawsuit, the rights violated were the following: right to the motivation of judicial resolutions and the right to prove. The main basis for the preventive detention requirement was that the person under investigation had the intention of evading justice, that is, there would be a risk of flight, as observed and analyzed by the Preparatory Investigation Court. Yoshiyama's technical defense presented medical documentation that justified the appellant's trips abroad; They were postoperative treatments for a highly complex disease. However, said evidence was not properly evaluated. Furthermore, foreign language documents, relevant information to verify the validity and honesty of the investigated, were excluded. Based on the events described, the decision will be analyzed, in majority and in singular, adopted by the Constitutional Court (TC) that declared said violation of his rights to be founded. To this end, a summary of the aforementioned file was made with the most relevant points of the case. Then, theoretical and conceptual work related to preventive detention was outlined. Finally, comments and opinions were developed regarding the topic addressed in this study. In summary, the following conclusions can be outlined: both the Court and the Chamber, the latter, by confirming the requirement of preventive detention, committed an excess in detaining a person with a health risk. This is based on the weak motivation of the Court in the proportionality test and the poor explanation of the assessment by the Chamber in determining the exclusion of medical evidence in a foreign language, despite the current national regulations (article 114, paragraph 4 , of the Criminal Procedure Code)
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