Bibliographic citations
Trujillo, L., (2016). La inadmisibilidad del recurso de apelación de sentencia y la observancia de los derechos de defensa y pluralidad de instancias. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/472
Trujillo, L., La inadmisibilidad del recurso de apelación de sentencia y la observancia de los derechos de defensa y pluralidad de instancias. [Tesis]. : Universidad Andina del Cusco; 2016. https://hdl.handle.net/20.500.12557/472
@misc{renati/957466,
title = "La inadmisibilidad del recurso de apelación de sentencia y la observancia de los derechos de defensa y pluralidad de instancias.",
author = "Trujillo Roldán, Lissi Indira",
publisher = "Universidad Andina del Cusco",
year = "2016"
}
Since 1993 it has entered into force in our country the Constitution of Peru, the same that guides us to the present, within this regulatory body section 139 is, it prescribes regarding the rights and principles judicial function.Within the article in question observe the right to have an adequate defense and the plurality of instances, not only recognized in the Constitution, also they are in international instruments such as the American Convention on Human Rights and the International Covenant on civil and Political, so that should be guaranteed to all. However, prescribed by paragraph 3 of Article 423 of the Criminal Procedure Code allows a clear violation and restriction of the above rights and this because with the absence of the accused to the appeal hearing sentencing is sanctioned by the action inadmissible filed, however the Constitutional Court has indicated that the presence of the accused is not necessary for the conduct of the hearing because he is not responsible to base the appeal, to which must be added that the inadmissibility should materialize only with the absence of the accused while his defense attorney although there is no legal provision governing this situation, this merit to the interpretation of that article the Constitutional Court has done. We say this because the judges of the Superior Courts are not the only ones who need to ensure full respect of the rights recognized in the Constitution, but so must the public prosecutors in regard to the principle of objectivity that governs its function, and what is more important, defense lawyers will be responsible for ensuring respect and guarantee these. But what happens if the act of the three procedural subjects above is not adequate and for that reason a citizen is left with a conviction of first instance without going review of a superior body, or worse, what happens if a convicted has relied on the work of his defense lawyer and has ended up being the most affected. The answer is simple, stay with a sentence that condemns him to several years in prison or other sanction as in the appeal hearing sentencing was not who base the appeal contesting previously admitted in writing and can not get a satisfactory answer by the Court constitutional since it has recently issued an interlocutory judgment in which it declared inadmissible a similar claim at stake despite being personal freedom and the rights of defense and plurality of instances.
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