Bibliographic citations
Ascue, E., (2021). La sentencia absolutoria como fundamento justificatorio para la indemnización de daños y perjuicios por mandato de medida cautelar de prisión preventiva [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4098
Ascue, E., La sentencia absolutoria como fundamento justificatorio para la indemnización de daños y perjuicios por mandato de medida cautelar de prisión preventiva []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4098
@misc{renati/959969,
title = "La sentencia absolutoria como fundamento justificatorio para la indemnización de daños y perjuicios por mandato de medida cautelar de prisión preventiva",
author = "Ascue Álvarez., Eker Bryam",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
The indemnification of damages and losses represents a juridical institution entrusted with to supply those disadvantages in which a person is found; For his characteristic, this institution that is a part of the civil responsibility, finds itself regulated in the Normative Civil System, this does not mean for you to belong properly to this body of laws; Our Penal System welcomes this institution in a minute from determining the victim's indemnification of damages and losses, or in his accused's case as it is matter of present it investigation. We must not mix up the criminal liability with the civil responsibility, the first obviously answers to the unlawful or illicit conduct which you must answer the accused for, that in the meantime the civil responsibility answers the particular affectation for of the interest of the aggravated, susceptible of reparation. We will discuss the civil responsibility in front of a precautionary measure of preventive custody in case of absolving the accused of the criminal liability in the development of this work, in the meantime the indemnification of damages and losses in the event that you give yourself an acquittal remains to to us say that the precautionary measure of preventive custody is that supposition it proceeds for. In like manner, as IV on Resultados's Analysis, the civil responsibility will see towards coming to the Chapter it takes place by mistake judicial in the majority of cases and for fiscal error, doing possible that the indemnification come from damages and losses of the absolved accused; Because we not forget that the juridical nature of an acquittal is the revocation of the procedural situation of the accused, as a consequence, what you implicate is to treat to reestablish the things to his previous status. In synthesis, demarcating is room for that the acquittal is that resolution par excellence that you justify the admission of the indemnification of damages and losses for the precautionary measure of preventive custody in case of an acquittal.
This item is licensed under a Creative Commons License