Bibliographic citations
Martínez, M., (2022). El principio de oralidad en los juzgados de flagrancia de la Corte Superior de Justicia de Lima [Universidad Peruana de Las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/2548
Martínez, M., El principio de oralidad en los juzgados de flagrancia de la Corte Superior de Justicia de Lima []. PE: Universidad Peruana de Las Américas; 2022. http://repositorio.ulasamericas.edu.pe/handle/upa/2548
@misc{renati/6158,
title = "El principio de oralidad en los juzgados de flagrancia de la Corte Superior de Justicia de Lima",
author = "Martínez Rodríguez, Mariela Rosario",
publisher = "Universidad Peruana de Las Américas",
year = "2022"
}
The objetive of this research work is to make known why the Principle of Irality is not being fuifilled by trial lawyers during the processing of the processes and if they apply it, they are no applying it as it should be, that is, fully in the jurisdictional in flagrante delicto of the Superior Court of Justice of Lima. So we ask ourselves, what is the reason why the lawyers who sponsor one the parties in the flagrancy proceedings do not comply with applying the Principle of Orality? Well, the reasons are diverse and one of them being at the discretion personally, the main one is that even many of the trial lawyers are not prepared to apply this principle, since they are accustomed to making their resquests of appeals through writings, taking as an excuse that in the Superior Court of Justice of Lima they have still applied the Code Of Criminal Procedures. We must take into account that the jurisdictional bodies of flagrancy are regulated under Legislative Decree N° 1194, which regulates the immediate process in case of flagrancy and modifies articles 446°, 447° and 448° of the Code of Criminal Procedure, processes that have as a premise orality, and as the norm indicates, the inmediate process constitutes one of the procedural simplification mechanisms. Therefore, the feasibility of the Principle or Orality being applied or fully complied with by trial lawyers will only depend on the preparation they have at the time of supporting and presenting their appeals or petitions before the jurisdictional body.
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