La infracción constitucional de la imparcialidad judicial en el proceso por delito de ejercicio privado de la acción penal

The present thesis was developed by means of a qualitative research, through the analysis of dogmatic and normative pronouncements and above all jurisprudential criteria issued by means of national and international Courts, with the objective of determining if there is a constitutional infringement to the judicial impartiality in the normative content of the special process for crimes of private action, obtaining as a result that this special criminal process unlike the common process has only 2 procedural stages of admissibility and oral trial, The conclusion is that there is a direct affectation to the fundamental right of judicial impartiality as an expression of the guarantee of due process, since it would be a contaminated Judge under the knowledge of the admissibility of the case, who would be in charge of issuing the substantive pronouncement by means of the sentence, thus there is a need for a legislative modification of this normative section.

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Publication Details

Journal
Alpha Centauri
Published
2024-12-12
DOI
https://doi.org/10.47422/ac.v5i4.186
Primary Topic
Legal processes and jurisprudence
Type
article
Field-Weighted Citation Impact
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article

La infracción constitucional de la imparcialidad judicial en el proceso por delito de ejercicio privado de la acción penal

Elizabeth Esther Parco Mesias
Alpha Centauri
Legal processes and jurisprudence
article

La infracción constitucional de la imparcialidad judicial en el proceso por delito de ejercicio privado de la acción penal

Elizabeth Esther Parco Mesias
article en

Abstract

The present thesis was developed by means of a qualitative research, through the analysis of dogmatic and normative pronouncements and above all jurisprudential criteria issued by means of national and international Courts, with the objective of determining if there is a constitutional infringement to the judicial impartiality in the normative content of the special process for crimes of private action, obtaining as a result that this special criminal process unlike the common process has only 2 procedural stages of admissibility and oral trial, The conclusion is that there is a direct affectation to the fundamental right of judicial impartiality as an expression of the guarantee of due process, since it would be a contaminated Judge under the knowledge of the admissibility of the case, who would be in charge of issuing the substantive pronouncement by means of the sentence, thus there is a need for a legislative modification of this normative section.

Alpha CentauriVol. 5(4)
Federico Villarreal National University (PE)
Peace, Justice and strong institutions
Openalex Percentile: Top 57%
Legal processes and jurisprudence
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