Oscar Alexander Gálvez Vásquez
DOI: 10.59427/rcli/2023/v23cs.599-608
This scientific review article that bears the name “the violation of the right of the accused in the immediate process towards a modification of the regulated criminal guarantee process” aims to determine how the application of the immediate process by the court, guarantees the validity of the procedural rights of the processed; This research is specifically focused on this general objective; as well as our specific objectives: to establish the theoretical foundations of the immediate process according to Peruvian legislation, to specify the changes that have operated in the immediate process since the promulgation of Legislative Decree No. 956 to Legislative Decree No. 1194. And to establish the rights procedures that are recognized as guarantees of the defendant in the development of the criminal process. We have also proposed and established certain guidelines guided by the inductive – deductive methods, which at first have helped in the formulation of the conclusions, applying the hermeneutic method, in order to apply and confront theory with reality what we It has allowed us to determine valid conclusions, also using a qualitative approach methodology in order to develop this review article, also having the scope of dogmatic and descriptive legal research, because in the present investigation it is sought to describe the features of the factual phenomena. of the affectation of the right of defense of the accused with the expeditious application of the immediate process. Being the main general conclusion that the legal community must understand that the immediate process is a fast process in which the preparatory stage of the ordinary process is eliminated, with the exception that its application must be for illicit trifles or minor amounts and not complex with the purpose of avoiding that fundamental rights are violated and that it continues to be considered as unconstitutional.
Pág 599-608, 10 Jun
