Citas bibligráficas
Estremadoyro, H., (2018). La exclusión de prueba indiciaria en el código procesal penal vigente por vulneración al derecho de defensa en las diligencias preliminares. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/2117
Estremadoyro, H., La exclusión de prueba indiciaria en el código procesal penal vigente por vulneración al derecho de defensa en las diligencias preliminares. [Tesis]. : Universidad Andina del Cusco; 2018. https://hdl.handle.net/20.500.12557/2117
@misc{renati/954538,
title = "La exclusión de prueba indiciaria en el código procesal penal vigente por vulneración al derecho de defensa en las diligencias preliminares.",
author = "Estremadoyro Troncoso, Herbert Alfredo",
publisher = "Universidad Andina del Cusco",
year = "2018"
}
The alignment of this work is conceived in the defence of any breach fundamental rights, especially the right to a defence that has any citizen when it is spoken, have a technical defense from the beginning, ensuring procedural principles such as due process, in a dissuasive manner to jus puniendi having the State to comply with its tasks entrusted without excesses and aside from any law, therefore the so-called rule of exclusion of illegal evidence, goes according with our study, following a different deal for our right in mention, which is not can be included in a theory called exception to the rule of exclusion of evidence, relevant topic today for our country by the numbers changes in the laws on criminal policy. This research work is structure in 8th chapters, thematic development chapters have at the end of the conclusion and relevance of chapter for our thesis. Chapter I: Understanding the methodological design, the focus of research, design research; research by which this research is dogmatic proposal in response to that after data collection and its analysis will be to prepare the proposal for the application of mechanisms that guarantee the defense in the process, the method that is used in the investigation which is the Exegetical, dogmatic, analytical - method synthetic; contextual design; the stage space storm, the unit of study, the techniques and instruments of data collection, the instruments used, also includes the research problem; where is the description of the research problem; whereas the problematic reality; the formulation of the General problem: in what extent the non-presence of the defender of the accused at the pre-trial of criminal proceedings, exclude the evidence?; also the secondary problems is essential that counsel be present in all preliminary criminal?; In what extent the presence of the representative of the publicprosecutor's Office makes up for the absence of counsel in the pre-trial?; What value will the evidence have in the process without fulfilling the essential guarantees contained in the Constitution? Determines the objectives of the general research to establish the validity of the evidence obtained during the preliminary proceedings in the criminal process, and the specific: verify the fulfillment of the constitutional guarantee of the right to in the pre-trial defense.; Establish the reasons for which does not meet the warranty of the presence of the defender in the preliminary proceedings; Determine what value that will have in the process the evidence without fulfilling the essential guarantees contained in the Constitution, the aforementioned general hypothesis is also understood: by the presence of the assistance of the lawyer Defender is respected due process and a proper judging is accomplished by avoiding arbitrariness against the processed; and the specific hypothesis: failure to comply with the presence of the Ombudsman, exclude the probative acquis tests in the criminal process; and sentences using evidence obtained in the preliminary proceedings without the presence of the Ombudsman are flawed for invalidity. Chapter II: We consider the theoretical background related to the variables in the study of our thesis, that are essential for the analysis and development of our research, thus understanding scans made previously by others authors. Chapter III: Deepening the preliminary issues of the utmost importance, giving us the foundations to develop and go understanding our objectives, the issues are: 1) the criminal process and its principles; (2) due process including fundamental rights, human rights, institutional guarantees, jurisdictional tutelage; (3) the right to adefence; 4) pre-trial inquiry, the public prosecutor's Office, police activity, encompassing its objectives. Chapter IV: It includes everything related to the test, its location and regulation in the standard, the character who has, and with regard to the inextricable proof and evidence. Chapter V: addressed the fundamental issue which is the unlawful test, starting with comparative law jurisprudence referring to the illegal evidence obtained in violation of the right of defence, its prohibition of using it and the theories of exception to the rule of exclusion of illegal evidence. Chapter VI: The right of Defense ensures the due process. Chapter VII: Our results and analysis of the findings. Chapter VIII: Finally we conclude with a proposal of law reform.
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