Bibliographic citations
Ccahua, S., Cary, D. (2016). La relación entre el requerimiento de prisión preventiva y el mandato de prisión preventiva, en el primer juzgado de investigación preparatoria de Cusco - año 2012. [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/201
Ccahua, S., Cary, D. La relación entre el requerimiento de prisión preventiva y el mandato de prisión preventiva, en el primer juzgado de investigación preparatoria de Cusco - año 2012. [Tesis]. : Universidad Andina del Cusco; 2016. https://hdl.handle.net/20.500.12557/201
@misc{renati/959667,
title = "La relación entre el requerimiento de prisión preventiva y el mandato de prisión preventiva, en el primer juzgado de investigación preparatoria de Cusco - año 2012.",
author = "Cary Rozas, Diego",
publisher = "Universidad Andina del Cusco",
year = "2016"
}
In the Peruvian procedural level, the precautionary measure of preventive detention is one of the most controversial legal institutions, since its impact is closely related to the right to personal liberty, which is configured as a constitutionally protected right. Preventive detention is inspired primarily on the “principle of exceptionality, proportionality and reasonableness”; however pretrial detention according to its nature is a precautionary media that aims to serve as an instrument to criminal proceedings for the protection and safeguarding of its objectives, Likewise, it is regulated in Article 268 of the new Peruvian model of criminal procedure, in which the materials estimates for the origin of this measure of procedural coercion , just as establishing this is the exception to the rule of deprivation of the right to freedom and the constitutional presumption of innocence, therefore the use of this measure by the law enforcement agents should be carefully applied in compliance prescribed by the law of matter and considering the materials budgets to which it was mentioned above is essential because competition copulative the same as established by the doctrine and jurisprudence. In this line of thought is that the object of study of our research , we have focused on the third material budget is “ procedural risk “ because in settled case-law has established that this is the most important budget issue a mandate to remand, it manifested in two aspects that are a flight risk and danger to hinder the process , one of them being sufficient base to establish the existence of procedural risk, in relation to this we have in the current procedural practice there are certain circumstances that allow us to deduce and identify the existence of certain difficulties as to the merits of this budget in relation to the consideration that has the judge indictment of Pretrial Detention in motivation respective mandate, For this purpose in this paper to describe research and analyze recorded audio that hearings requirement custody in the First Court of preliminary investigation in 2012.
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