UNIVERDIDAD PRIVADA

SAN JUAN BAUTISTA

Facultad de Derecho y Ciencia Política

COURSE: ENGLISH

TEACHER: CIRO DÁVILA

COURSE: SOCIAL EFFECT OF THE PREVENTIVE

PRISON IN PERU

CYCLE: V

MEMBERS:

 CARDENAS PEÑA ISABEL

 CARRASCO TAPIA HELEN CORINA
 CERCADO VASQUEZ HERSSEY LENIN
 HANCCO CHUMPITAZ JHON
 ROCA RAMIREZ IRMA

ACADEMIC SEMESTER 2019-I

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 INDEX

I. SOCIAL EFFECT OF THE PREVENTIVE PRISON IN PERU……………………04

II. THE PREVENTIVE PRISON………………………………………………….….05

III. THE PRE-TRIAL PRISON AND ITS EFFECT ON THE CRIMINAL CASE
RESOLUTION …………………………………………………………………………07

IV. CONCLUSIÓN…………………………………………………………………………08

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 DEDICATION

This work is dedicated to our families, who every day see the effort we make to
meet our goals and achieve successful professionals.

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 INTRODUCTION

In Peru, The figures provided by the National Penitentiary Institute of Peru in its
Statistical Penitentiary Report for the month of July 2018, there are 107,948
people, of which 88,423 are confined in a prison. If we take into account the
historical event, the figure is shown in descent, since in November 2016 the
prison population was 98,045, that is, in less than two years it has increased by
9.17%.
Pretrial detention is an exceptional measure that requires the concurrence of
legal budgets established in the procedural law, which must be postulated and
demonstrated by the Prosecutor before the Judge who decides to impose the
measure. These legal requirements must be scrupulously verified, since it must
be taken into account that a person who maintains his condition of innocence
consecrated by the Political Constitution is being deprived of the fundamental
right to freedom.

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I. SOCIAL EFFECT OF THE PREVENTIVE PRISON IN PERU

Pretrial detention - or the submission by the State of a person suspected of having

committed a crime to a measure of deprivation of liberty prior to the judicial
verification of guilt - is often described as a confrontation between two equally
valuable interests:

on the one hand, the defense of the principle of presumption of innocence, by

which no one can be considered or treated as guilty until proven guilty; on the
other hand, the responsibility of the State to fulfill its obligation to pursue and
punish the commission of criminal acts and the violation of protected legal values,
through the guarantee that the accused will be present during the trial against
him, the investigation can be carried out carried out without undue impediments
and that those found criminally liable comply with the penalty imposed.
The risks are clear in both senses: a person subjected to preventive detention
who turns out to be innocent will see their right to freedom severely restricted, in
addition to the inevitable damage to their family, social and work relationships.
On the other hand, a person facing a process in freedom with the intention of
boycotting it could with relative ease frustrate the obtaining of justice, either
through the flight or the manipulation and / or obstruction of the probative activity

II. THE PREVENTIVE PRISON:

PERSONAL PRECAUTIONARY MEASURE.

The PREVENTIVE PRISON is a personal precautionary coercive measure,

provided by our new Code of Criminal Procedure, which may eventually be
imposed on a person subject to a Preparatory Investigation, in cases where the
process requires it, for the purpose of ensuring the development of the
investigation, the link of the accused to the same one and to the Judgment, that
of being the case will constitute the culmination of the process. In this sense, it
is: A coercive measure, that is to say that restricts, limits, coerces freedom.

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A PRECAUTIONARY MEASURE: whose aims are social security, guarantees
of the criminal process and its purposes. Personnel: that is dictated with respect
to a specific, determined person, that is, duly individualized. It can only be
applied, as long as the requirements established by law are met concurrently, by
the criminal procedure norm for its imposition. The PREVENTIVE PRISON is
therefore not in any way an advanced sentence, but a procedural precautionary
measure, exceptional and provisional. It is in essence the most intense personal
coercive measure that a person can suffer

 Characteristics common to cases and detainees in preventive custody

We find, for example, that the Public Ministry requests the imposition of
preventive detention only in about a third (between 32 and 35%) of the cases in
the preparatory investigation stage, considering enough the information that links
the person charged with the commission of a crime and necessary to counteract
a significant degree of risk of leaking or manipulating the investigation.
Said accused, in most opportunities, will be between 20 and 30 years of age and
primary or secondary education as the highest level of education (in almost 90%
of cases). The accused will be arrested by the police in flagrante delicto, or what
is the same: during or immediately after the commission of the crime and up to
24 hours later under certain circumstances. Once captured and taken to the
police station, in more than 50% of the time he will not have access to a lawyer
during the first interrogation with the PNP officer or officers and rarely before the
prosecutor on duty who comes to take a statement. In those cases, it will declare
what it considers most convenient or what the authority of the moment can extract
it without having some kind of legal advice.

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III. THE PRE-TRIAL PRISON AND ITS EFFECT ON THE CRIMINAL CASE
RESOLUTION
As we saw, the principle of instrumentality establishes that coercive or
precautionary measures will only be applied to guarantee the ends of the criminal
process. With regard to preventive custody specifically, its instrumentality lies in
ensuring the correct development of the criminal process by guaranteeing the
presence of the accused and the correct probative activity. Not necessarily result
in the achievement of a conviction.

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 CONCLUSIÓN

In sum, we find that the application of preventive detention as a precautionary

measure in Peru has undergone major changes since the implementation of the
new criminal procedure code of 2004. On the one hand, we find it highly
encouraging that prosecutors are using a high degree of discretion at the time of
requesting the measure to be imposed, although we also see that, if requested,
it will be highly probable that the judge will grant it and that the decision will be
take in a public and contradictory hearing, where the accused always has a
lawyer by his side. It is equally positive that the established deadlines are being
met, especially the one that refers to the obligation to present the accused to a
judge promptly. We also welcome the fact that the Peruvian legal framework fully
respects the principle of discretion of the judge, and does not impose mandatory
pretrial detention to a certain quality of crimes.

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