Citas bibligráficas
Mamani, A., (2021). La defensa técnica en los requerimientos de prueba anticipada en las fiscalías provinciales penales corporativas de Leoncio Prado del distrito fiscal de Huánuco, periodo 2018-2019 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4463
Mamani, A., La defensa técnica en los requerimientos de prueba anticipada en las fiscalías provinciales penales corporativas de Leoncio Prado del distrito fiscal de Huánuco, periodo 2018-2019 []. PR: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4463
@misc{renati/959456,
title = "La defensa técnica en los requerimientos de prueba anticipada en las fiscalías provinciales penales corporativas de Leoncio Prado del distrito fiscal de Huánuco, periodo 2018-2019",
author = "Mamani Mamani, Alejandro",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
This thesis is entitled: THE TECHNICAL DEFENSE IN THE REQUIREMENTS OF ANTICIPATED PROOF IN THE CORPORATE CRIMINAL PROVINCIAL OFFICES OF LEONCIO PRADO OF THE FISCAL DISTRICT OF HUANUCO, PERIOD 2018-2019. Since the new Code of Criminal Procedure came into force in 2004, greater emphasis has been placed on the procedural system, so that its fundamental mission is to defend the legality and protected public interests, in accordance with the legal-criminal regulations, based on a double plan , namely: first identified the coverage of the prohibited norm or norm of conduct that constitutes a criminal offense and, second, ordered the infringement of the factual assumption with a criminal framework, thus affecting preventive purposes. As we well know, the right of defense is a procedural guarantee, it is closely linked with the notion of due process. In this sense, it is identified that many public and private defense attorneys show difficulties regarding the proper use of procedural norms to enforce the rights of their patrons in the criminal process. In this sense, the general hypothesis was proposed: “In the development of the anticipated test in CÁMARA GESELL, it is noted that the technical defense when participating does not fulfill the role adequately and effectively, causing the interviews to be insufficient for the due clarification of the facts. , by creating states of defenselessness, which would lead to the loss of even the freedom of those accused of crimes against sexual freedom “. The ineffectiveness of the technical defense in such serious crimes, such as the rape of minors, which is sanctioned in article 173 of the Penal Code, with a sentence of life imprisonment, would lead to many defendants being subject to preventive detention and taken to a prison unfairly. The criminal procedural norm regulates the anticipated proof of the gessel chamber testimony of underage victims for the crime of rape, in which the intervention of the technical defense of the alleged perpetrator would show flaws. This thesis is quantitative with a non-experimental observational design and a descriptive level; The sample is made up of the independent variable, on which various Records of Single Interview in Advance Evidence have been collected in which the statements of underage victims are registered in the Gessel Chamber in the criminal proceedings followed for the crime of rape, These Proceedings appear in the Annexes of this investigation. The field work, consisting of the surveys of Lawyers, Prosecutors and Magistrates, could not be developed to collect their opinion regarding these proceedings, due to the restrictions imposed during the COVI 2019 Pandemic. The crime against sexual freedom has become an eminent danger towards the vulnerable population of minors, who are in the formation of their personality, affecting autonomy in sexual development; characterizing itself as an eminently malicious crime, the active subject acts with knowledge and will of the criminal prohibition of carnal access with minors. To verify these crimes, the technique of the gessell camera is used, to collect direct information on the commission or not of the crime; work in which the protection of the victim is guaranteed, preventing her from being affected.
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