Bibliographic citations
Huesemberg, C., (2016). Factores que motivaron la demora en el desarrollo del juicio oral en el Juzgado Penal Colegiado del Cusco en el año 2014. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/367
Huesemberg, C., Factores que motivaron la demora en el desarrollo del juicio oral en el Juzgado Penal Colegiado del Cusco en el año 2014. [Tesis]. : Universidad Andina del Cusco; 2016. https://hdl.handle.net/20.500.12557/367
@misc{renati/956519,
title = "Factores que motivaron la demora en el desarrollo del juicio oral en el Juzgado Penal Colegiado del Cusco en el año 2014.",
author = "Huesemberg Maxdeo, Carlos Florencio",
publisher = "Universidad Andina del Cusco",
year = "2016"
}
This research has allowed from hearings held in the Collegiate Criminal Court of the city of Cusco during 2014, identifying deficiencies in fiscal and judicial work in the current criminal proceedings trial stage, which have generated delays in the development of the trial. Specifically it has been noted that during the trial stage the Criminal Court Collegiate Cusco in 2014 had an excessive caseload, since each hearing to be held the Administrative Department of Criminal Module Cusco, he gave it an minimum time determined for each hearing session, hindering proper implementation of the trial hearing, which should be carried according to the principles of concentration and celerity, matters that the trial must take place within a reasonable time, linked principle to the prohibition of arbitrariness. Now, in the trial stage or oral trial, although properly notified test bodies (experts and witnesses) for a certain date which will be held this trial, not all reported attendance, so the counsel was the need to suspend the hearings for trial to another date, where he could obtain such a declaration in compliance with the principle of immediacy, by which the judge has direct contact with the bodies of evidence, fact that has also become a factor delaying oral proceedings. At the stage of trial, on the other hand the participation of parts (accused and prosecutor) is critical because without him the trial hearing cannot be carried out, so it happened in some audiences inevitably resulting in suspension. In the same way, if a judge who makes up the court is missing, the trial cannot begin or continue. As is well known, the trial phase is the most important and as such must be guaranteed not only the performance of the test, but they will act within a reasonable time to completion. Consequently, trials must take the time strictly necessary according to the right of litigants to obtain from the courts a timely administration of justice. In this regard, we need to Art. 142 Inc. 1 NCPP specifically states that “the procedural actions are performed on time on the day and time indicated, without admitting delay“. But this precept is denied by the facts in judicial practice, as we note in this investigation.
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