Bibliographic citations
García, J., (2017). La declaración de ausencia y contumacia y la inmediata designación de abogado defensor como requisito de validez de la investigación penal. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/1630
García, J., La declaración de ausencia y contumacia y la inmediata designación de abogado defensor como requisito de validez de la investigación penal. [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/1630
@misc{renati/955123,
title = "La declaración de ausencia y contumacia y la inmediata designación de abogado defensor como requisito de validez de la investigación penal.",
author = "García Sosa, Juan Carlos",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
The research topic in this paper is: “THE DECLARATION OF ABSENCE AND CONTUMATIA AND THE IMMEDIATE APPOINTMENT OF ATTORNEY DEFENDER AS A VALIDITY REQUIREMENT OF CRIMINAL INVESTIGATION“, focused on current situations where there are many cases in which the accused cannot be statement of the accusation made against him, because his whereabouts are unknown (this is the case of the absent defendant), or in others, being informed of the accusation made against him, he does not appoint defense counsel, nor does he require that he be assigned a public defender (this is the case of the contumaz defendant), and once the criminal investigation is formalized, the declaration of Absence and Contumacy is made, where it would generate a violation of the right of defense. That is why we set as our objective: to determine whether the declaration of absence and contumacy and the immediate designation of a defense lawyer is a requirement for the validity of the criminal investigation, in order to guarantee a right of defense for all the people who are immersed in it. a criminal process. It was established as a HYPOTHESIS that the declaration of absence and contumacy and its immediate designation as a defense lawyer is a validity requirement for the criminal investigation. This is done in order not to violate the right of defense and to be presented as a procedural nullity until a possible procedural sanction. . Within the CONCEPTUAL FRAMEWORK, the themes of the Declaration of Absent and Contumacious, as well as the Right to Defense and Procedural Nullity, were developed with the purpose of fulfilling the objectives of the investigation and demonstrating the hypothesis proposed for the present work. As METHODOLOGICAL DESIGN, a qualitative approach was used because a documentary analysis of texts, journals, jurisprudence was made; To obtain data, the bibliographic record was used in order to obtain reliable information and provide greater certainty. Therefore, a modification of article 79 of the Criminal Procedure Code is suggested; It should be established as a requirement that the Declaration of Absence and Contumacy be made in the criminal investigation and that its main effect is the protection of the Defense Law.
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