Citas bibligráficas
Panduro, L., (2017). Valoración de la confesión sincera al momento de dictarse sentencia en el distrito judicial de Loreto [Tesis, Universidad Nacional de la Amazonía Peruana]. http://repositorio.unapiquitos.edu.pe/handle/20.500.12737/4823
Panduro, L., Valoración de la confesión sincera al momento de dictarse sentencia en el distrito judicial de Loreto [Tesis]. : Universidad Nacional de la Amazonía Peruana; 2017. http://repositorio.unapiquitos.edu.pe/handle/20.500.12737/4823
@mastersthesis{renati/971677,
title = "Valoración de la confesión sincera al momento de dictarse sentencia en el distrito judicial de Loreto",
author = "Panduro Reyes, Luis Enrique",
publisher = "Universidad Nacional de la Amazonía Peruana",
year = "2017"
}
This research is basically descriptive-dogmatic in nature, as it sought to identify the factors that determine that superior magistrates issue condemnatory sentences without properly assessing the sincere confession in the judicial district of Loreto during the years 2011-2013, in order to propose solutions that May be submitted to the competent authorities. The objective of the study was to identify the factors that determine that the Criminal Judges issue sentences without properly assessing the sincere confession in the criminal process in the Judicial District of Loreto during the years 2011-2013. From the results obtained, we consider that sincere confession is an institution that has not yet been properly studied or developed in all its complexity. There is a diversity of opinions - both at the level of the Magistracy and in the Lawyers, who finally affect the position adopted by their sponsors - that make it difficult to apply and objectively evaluate the sincere confession at the time of sentence. The existence of a marked tendency in the Judiciary to require requirements not contemplated in the various devices that regulate sincere confession; Such as the one that is not recurrent or habitual, to show repentance (which we consider to be an absolutely subjective question, according to the criteria that each judge may have and therefore unreliable) uniformity in the statement or by the type of crime. A significant percentage of interviewed magistrates and lawyers did not know or remember any binding precedent related to sincere confession. This in spite of the important effort and contribution that Supreme Magistrates are making to contribute to the predectibility of the administration of criminal justice in our country. It is worrying that a large number of lawyers do not consider sincere confession to be an efficient defense strategy, which is why they do not invoke it, even though it maintains that it is for fear of not knowing what the Board's criteria are, what Evidences an ignorance of the scope and scope of this institution. In our professional practice we have had the opportunity to appreciate closely what were the vicissitudes that were presented when deciding on the application of sincere confession, even more so if we consider that in the norm is not developed what are the assumptions to have in Account and left much to the discretion of the magistrates.
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