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TEMA: ABSTRAC (Immediate process in the criminal procedure code)






HUARAZ - 2018
ABSTRAC (Immediate process in the criminal procedure code)

When indicated in Article 43 of the Political Constitution of Peru that the Republic of Peru
is democratic, social, independent and sovereign states that Peru is a State of Law,
consequently, we are a State that we are governed by a supreme law (the Political
Constitution) where, among others, on the one hand, minimum rights of the human person
of a fundamental nature and an effective system of control are enshrined when these
fundamental rights are undermined; it is in the latter where the process is developed,
specifically for purposes of this work, the criminal process under the New Code of
Criminal Procedure D. Leg. 957 of 07/29/2004, containing as main guidelines the
constitutional mandate of respect and guarantee of the fundamental rights of people without
neglecting the power of prosecution of criminal action and punitive power by the State
through its organs competent.

It is in this context that the common process is developed, establishing the procedural rules;
however, due to peculiar characteristics and situations in this new criminal procedure
system, a group of processes called specials has been incorporated in book V of the CPP
2004, due to the unique characteristics that each of them presents. Thus, these processes
are: the immediate process, process by reason of the public function (process for crimes of
function attributed to high public officials, processes for common crimes attributed to
congressmen and high public officials, processes for crimes of function attributed to other
officials public), process for offense of private practice of criminal action, security process,
early termination process, effective collaboration process, process for faults.

Dr. César San Martín points out that the nature of the special processes is to seek the
simplification of the procedure, which is linked to the need to develop programs to
rationalize the trial in those cases where the issue of culpability is clear. He says that: "The
problem of criminal procedures is very important, which requires solving the role of
specialties and their scope. It is interesting, in this respect, the Italian logic in which the
simplification and acceleration of the procedure is the axis of these procedures. There are
several models but I think that the CDIPP Italiano is very interesting, like the French
model, without prejudice to establish other guidelines of our own from our reality. "
The same treaty quotes the Spanish proceduralist Vicente Gimeno Sendra when he refers to
the goal of having "a right without undue delay" (since) "in clear response to the slowness
of ordinary processes is to build procedures that endow -without any loss of the accusatory
principle and of the right of defense- of the necessary speed and effectiveness to the
criminal justice system ". It is a rapid procedure, in fact, of a quick trial, which responds to
citizen insecurity, for example in patrimonial crimes, or legally channels the reproach or
social outrage that causes family violence and whose common denominator is the evidence
of its commission (flagrancy or certainty of the commission of the crime and its author) that
may allow obviating or minimizing the instructional activity, establishing only Urgent