Bibliographic citations
Palomino, B., (2017). La afectación del principio de imparcialidad en el juicio oral en el proceso penal (Estudio realizado sobre la base de los cuadernos de debate de los Juzgados Unipersonales de la Sede Central de la Corte Superior de Justicia del Cusco - 2015.) [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/907
Palomino, B., La afectación del principio de imparcialidad en el juicio oral en el proceso penal (Estudio realizado sobre la base de los cuadernos de debate de los Juzgados Unipersonales de la Sede Central de la Corte Superior de Justicia del Cusco - 2015.) [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/907
@misc{renati/957332,
title = "La afectación del principio de imparcialidad en el juicio oral en el proceso penal (Estudio realizado sobre la base de los cuadernos de debate de los Juzgados Unipersonales de la Sede Central de la Corte Superior de Justicia del Cusco - 2015.)",
author = "Palomino Bejar, Bruno Dioni",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
The Principle of Impartiality is framed within the Preliminary Title of the Code of Criminal Procedure, specifically within the Article I.1 of the present body of law for a number of years now, precisely since 2004 in accordance with the Code of Criminal Procedure. The Impartiality is strictly related to the evidence collected and the excessive questioning on the part of the Imputed Judge as well as the witnesses, since a misuse of the evidence collected on the part of the Magistrate may imply the bias there of towards any part of the process. Likewise, the excessive questioning on part of the Judge may suppose that he has made a decision with regards to the process. As a matter of fact, such principles were not regarded or even deemed as important in the history of Peruvian Criminal Law due to the fact that previous Codes of Procedure possessed a different nature which was entirely divergent from the current one, however it was by virtue of the Constitutional Guarantees framed within the Constitution of 1993 that a great change of perspective and spirit towards law and specially Criminal Law came to be. The present Thesis doesn’t only comprise the evolution of the process, but also lays out the principles which currently govern us, since these are the guidelines governing the entire process affecting Judges, Prosecutes, Attorneys, the Imputed as well as Third Party Civilians granting them their lawful rights, duties, faculties and functions while regulating their fulfillments within the Judicial System. It is also convenient to make an emphasis on the process phases, especially in the Trial Phase, which is when the evidence takes place as well as the Judge’s conviction occurs; making an emphasis, by all means, on the Evidence in addition to the power of the Court for the purpose of the questioning of the Imputed, as well as the witnesses. The purpose of the present Thesis is to determine, in line with the research conducted at the Unipersonal Criminal Courts of the Judicial District of Cuzco, whether the Principle of Impartiality is being currently affected on the part of the Judge in charge of the procedure. I believe that the present investigation is of outmost importance since Impartiality is an indispensable element within the development of Criminal Law, it is indeed the core of the Process, an impartial Judge who would prove to be righteous and trustworthy within the Peruvian Justice System.
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