Criminal oral trial peru pdf
It constitutes the preparation and execution phase of the Oral Trial, which ends with the sentence. The central part is the oral trial itself, a space where the parties have assumed opposing positions and debate on the evidence in an attempt to convince the judge of the innocence or guilt of the accused.
Prior to this phase, the Preparatory Investigation Judge notifies the Prosecutor and other parties of the Prosecution’s decision. This magistrate will send to the Criminal Judge the order and the proceedings, the documents, the seized objects and places the pre-trial detainees in his order within 48 hours of notification.
The Criminal Court will order the summons of all those who must attend the trial. The resolution will identify who will be the defendant’s defense counsel and will make all the necessary arrangements for the regular start of the trial.
The Criminal Judge will verify the correct summons of the parties, as well as the effective concurrence of the witnesses and experts summoned. The non-attendance of the other parties and of the summoned evidence bodies does not prevent the installation of the hearing.
Stages of the oral trial in the new code of criminal procedure
if in the pretensions of the claim you request the moratorium indemnity, in the stage of admission of the claim they make the sum of all the pretensions, and if these exceed 20 minimum wages the process will necessarily have to be carried out by a lawyer, if you need more advice this is my contact number 3044270711.
Good afternoon, can you help me with the following concern, I am currently in a labor process of a single instance due to the default of my employer in the payment of settlement of benefits and wages, because I am not a lawyer I am requesting compensation of lesser amount because I am not a lawyer, but liquidating the respective benefits considering that I can prove that there was bad faith of my employer, the amount already exceeds that amount but I am requesting the lowest amount (20 smmlv) can I continue in the process requesting lesser amount?
In order for the lease fee to pass to the buyer of the business, a subrogation must be authorized by the owner of the premises of the contract, and must be accepted by him. Otherwise the seller of the business remains bound to the contract under a joint and several liability.
Updated Code of Criminal Procedure
Article 3 (Recognition of human dignity). All persons, whatever their position in the proceedings, and in particular the victim of a crime and the person to whom its commission is attributed, must be treated with the respect due to the dignity of the human being.
Article 5 (Prohibition of bis in idem). No person may be investigated more than once for the same act for which he has been prosecuted in the country or abroad, even if the legal qualification is modified or new circumstances are asserted, once a final judgment has been handed down.
Article 12 (Other applicable principles): The principles of orality, immediacy, concentration, procedural direction and impulse, equality of the parties, probity and organization of the process shall be applied to the criminal process. (*)
15.2 When these laws suppress existing crimes or reduce the penalty, they shall be applied to the facts prior to their entry into force. In the first case, they shall determine the closure of the process or the extinction of the penalty. In the second, only the modification of the penalty, insofar as it has not been fixed by an executed sentence.
Oral trial pdf
It means that victims can file criminal actions to prosecute these crimes without extinguishing criminal liability due to the passage of time. In other words, those responsible could be prosecuted and convicted without any time limit as to their prosecution.
The civil action to obtain compensation for the victim may be filed during the processing of the respective criminal proceeding, once the investigation against the accused has been formalized and up to fifteen days before the date set for the hearing for the preparation of the oral trial.