Bibliographic citations
Caceres, V., (2021). La vulneración de derechos constitucionales del actor civil en el proceso de terminación anticipada [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/20787
Caceres, V., La vulneración de derechos constitucionales del actor civil en el proceso de terminación anticipada []. PE: Pontificia Universidad Católica del Perú; 2021. http://hdl.handle.net/20.500.12404/20787
@misc{renati/527165,
title = "La vulneración de derechos constitucionales del actor civil en el proceso de terminación anticipada",
author = "Caceres Moscoso, Verónica Aimé",
publisher = "Pontificia Universidad Católica del Perú",
year = "2021"
}
This academic production is based on the dynamics established within the special process of early termination (hereinafter TA), as a manifestation of the award law, established in Art. 468 of the new criminal procedural model (hereinafter nCPP), the same as shows as its main objective the quick and effective result of the much desired “justice“, showing itself as a way of simplifying the tortuous and lengthy criminal process. This process is the manifestation of negotiated justice, with greater preponderance between the prosecutor and the accused, in order to put an end to the conflict during the investigation stage. However, when we analyze the performance of the civil actor, who is also part of the procedural legal relationship for having materially suffered the commission of the crime, we detect that he has a limited participation during the negotiations. What only exists is an apparent guarantee in their favor, which is the right to challenge established in no. 7 of the limited procedural article, when he is not satisfied with the fixation of the postulatory economic compensation - civil reparation. Therefore, we maintain that the T.A. affects rights in their most fundamental strands such as: human dignity, judicial protection and due process that runs in favor of the civil actor since, during the development of this special process, the civil actor does not have a transcendental participation and the Judges do not guarantee their rights, despite the fact that what is negotiated constitutes the civil object of the process, that is, its main claim.
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