Defensa de los derechos fundamentales de la persona durante su detención frente a la aplicación de la flagrancia en el proceso inmediato en la Provincia de San Román
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Date
2023-11-17
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Universidad Andina Néstor Cáceres Velásquez
Abstract
The present study in its Chapter I, has as its main objective to analyze the fundamental rights of the person who are violated with the application of the criminal flagrante delicto in the immediate process in the Province of San Román. In Chapter II, he addresses and analyzes the theoretical framework, citing history and various jurists in the field of law. In Chapter III, it establishes the methodology used, this being a mixed, qualitative and quantitative research methodology, with a type of exploratory and descriptive legal research, for the qualitative part, jurisprudence has been analyzed against the application of criminal flagrante delicto, applicable norms , operator function protocols; For the quantitative part, we have worked with statistical data and studies on the crime wave, data extracted from various institutions such as the National Police of Peru and the Public Ministry. In Chapter IV, the main results are finally reflected, it is true that the application of flagrante delicto can affect fundamental rights related to free transit, personal privacy, due process, among others; reason for which it is necessary to establish mechanisms that guarantee the mentioned rights, the same ones that should not entail the need for budgets on the part of the State, which would become inapplicable, for which reason this study proposes that in the face of the application of the flagrante delicto, its operators, who are members of the National Police of Peru, can have film evidence of the correct application of the existing protocols, and it is also opportune that from the present study they can be added as operators to the night watchmen of the municipalities and neighborhood councils.
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Keywords
Fundamental rights, Detention,, Flagrante delicto, Immediate process