Bibliographic citations
Flores, F., (2024). Fundamentos jurídicos para la no suspensión de los plazos de prescripción penal por incoación de proceso inmediato [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/39234
Flores, F., Fundamentos jurídicos para la no suspensión de los plazos de prescripción penal por incoación de proceso inmediato [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/39234
@misc{renati/499673,
title = "Fundamentos jurídicos para la no suspensión de los plazos de prescripción penal por incoación de proceso inmediato",
author = "Flores Saavedra, Fabiola Francheska",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
The criminal process in Peru implies a constant challenge, to seek correct application of the institutions and procedural figures, which allow improving the administration of justice, and that generates the application of procedural rules, with observation of fundamental principles and rights. Thus, with respect to the criminal process, and specifically the immediate process, much has been said, but very little in relation to the issue referring to the effect, in the prescription, of the requirement to initiate the immediate process, to which some pronouncements of the Supreme Court, they assign to it the effect of suspending the calculation of the statute of limitations of criminal action. In this context, the following has been formulated as a question that underpins the investigation: “What are the legal bases that allow it to be established that the requirement to initiate an immediate process does not have the effect of suspending the statute of limitations for criminal action?” Given this approach to the problem, the following hypothesis was formulated: “The legal bases that allow establishing that the requirement to initiate an immediate process does not have the effect of suspending the statute of limitations for criminal action are: the prohibition of application of the analogy in malam partem and the rapid nature of the immediate process.” This attempted response to the problem has been proven affirmatively, because, being a descriptive explanatory research, it has been achieved via the doctrinal, comparative and hermeneutical method, explaining that there is no express rule that regulates the suspension of deadlines. of prescription due to the requirement to initiate the immediate process, so it is not possible to use, as the Supreme Court has done, an analogical application, since it is unfavorable to the rights of the accused, since it threatens his freedom. After that, conclusions were reached that solidify the issue and a reform to the procedural text was proposed
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