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- Title
La debida motivación de la prueba indiciaria, relacionada con el principio de presunción de inocencia en Perú.
- Authors
ODAR CORTEZ, GABY; CABRERA CABRERA, XIOMARA
- Abstract
The investigation addresses the incorrect assessment and motivation of judicial decisions, violating the principle of presumption of innocence. Posing as a scientific problem, that the improper motivation of the evidence would lead to conviction, limits the protection of the principle of presumption of innocence in the Peruvian criminal process and as an objective, a modification to Law No. 29277 of the judicial career to protect presumption of innocence in criminal proceedings. Scientific legal methods and studies of doctrinal and jurisprudential documents were used, as well as a survey with a questionnaire. From the analysis carried out, the defects in the motivation of the circumstantial evidence by the judge in the sentence are corroborated, affecting the presumption of innocence of the accused, for which it is of interest to incorporate as a disciplinary fault of the Judge who fails to comply with this requirement in the criminal process. in the Regulations, Law N°. 29277 of the Judicial Career. l, Chapter V: Disciplinary Regime, article 47: Serious Offenses.
- Subjects
PRESUMPTION of innocence; LEGAL judgments; CRIMINAL procedure; LEGAL evidence; JUDGES; SCIENTIFIC method
- Publication
Revista de Derecho, 2023, Issue 59, p51
- ISSN
0121-8697
- Publication type
Article
- DOI
10.14482/dere.59.400.439