Bibliographic citations
Crespo, L., (2021). El principio de presunción de inocencia en el procedimiento administrativo disciplinario por infracción leve, en la Policía Nacional del Perú, 2020-2021 [Pontificia Universidad Católica del Perú]. http://hdl.handle.net/20.500.12404/20485
Crespo, L., El principio de presunción de inocencia en el procedimiento administrativo disciplinario por infracción leve, en la Policía Nacional del Perú, 2020-2021 []. PE: Pontificia Universidad Católica del Perú; 2021. http://hdl.handle.net/20.500.12404/20485
@misc{renati/530449,
title = "El principio de presunción de inocencia en el procedimiento administrativo disciplinario por infracción leve, en la Policía Nacional del Perú, 2020-2021",
author = "Crespo Tintaya, Lizceth Vanny",
publisher = "Pontificia Universidad Católica del Perú",
year = "2021"
}
The presumption of innocence is a fundamental right that is inherent to every human person, and as such it must be exercised in all areas, even in an administrative procedure. However, in the National Police of Peru, the application of this right-principle is being dispensed with in disciplinary administrative procedures for minor offenses. In the processing of these procedures, after having notified the Sanction Order to the administrator, the superior who sanctions must send it within a period of 3 working days to the Human Resources Directorate, so that it is codified, systematized, and filed in the file of the alleged offender, since, as prescribed by Law No. 30714. Within this same period we can find the alleged offender exercising his right of contradiction, which after having submitted his appeal must be awaiting the resolution by the Discipline Office, which acts in the second instance resolving appeals for minor infractions. Therefore, the general objective of this work is to demonstrate the essential application of the principle of presumption of innocence in administrative procedures for minor offenses, in the National Police of Peru, an investigation that was carried out during 2020 and 2021, likewise, it was applied as a data collection instrument, the interview, which was applied to the NCOs of said institution. Therefore, it has been concluded that with the immediate publication of the sanction order, the Principle of Presumption of innocence has been violated, which is why, in administrative procedures, its effective application is necessary, considering that the proceeding of all administered has been carried out in observance of the fulfillment of its duties and, therefore, it would not have responsibility until the opposite is proven and it is decided by a firm act.
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