Bibliographic citations
Aldana, L., (2022). La aplicación del proceso especial de terminación anticipada en el Nuevo Código Procesal Penal 2020 [Universidad Peruana de las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/1691
Aldana, L., La aplicación del proceso especial de terminación anticipada en el Nuevo Código Procesal Penal 2020 []. PE: Universidad Peruana de las Américas; 2022. http://repositorio.ulasamericas.edu.pe/handle/upa/1691
@misc{renati/5311,
title = "La aplicación del proceso especial de terminación anticipada en el Nuevo Código Procesal Penal 2020",
author = "Aldana Navarro, Luis Enrique",
publisher = "Universidad Peruana de las Américas",
year = "2022"
}
In this research work, we will analyze the consequences and limitations that are observed within the early termination process, the same that implicitly deprives the accused of the exercise of the free right of the presumption of innocence, all the more so that apparently there is incrimination in said process , by inviting the accused to recognize the criminal offense and negotiate with the Public Ministry to avail himself of a benign penalty and the payment of civil reparation, although it is true that this process is applied in different countries, however, in ours only with the advent of The new Code of Criminal Procedure has been increasing, that is, we will try to determine how legal it is for the accused to incriminate himself, that is, to recognize the criminal offense without having the possibility of having a reasonable and fair trial; We will also analyze some ways to conclude the criminal process, such as through the principle of opportunity, and the preparatory agreements in order to be able to determine what is the problem in the development of the special process of early termination as well as determine what are the contradictions that exists at the time of applying said legal institution, and how it is that it is only enough for some crimes, especially those of a culpable nature, leaving behind the classic principles of criminal law to assume new principles such as the principle of consensus in criminal matters, which of course It is a principle that involves the parties to reach an agreement on the procedural form to which the criminal matter will be submitted from the recognition of the criminal offense; giving rise to the decision made by the Jurisdictional Body when it receives the agreement between the parties, where the principle of legality will prevail.
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