The rooting in the peruvian context: evidentiary, legislative, and practical implications
DOI:
https://doi.org/10.15381/lucerna.n5.26667Keywords:
roots, preventiva detention, evidence, legal teleology, legal reasoningAbstract
The article addresses the problem in the application and theoretical justification of preventive detention, focusing on the examination of the rootedion requirement to impose it. It is argued that the arraigo has been poorly applied and configured, moving away from its purpose of ensuring the permanence of the accused in the process. The work highlights the little attention that national doctrine and plenary agreement No. 1-2019 have given to roots, comparing it with cases of Ecuador and Germany. The main objective is to expose the deficiencies in the structuring and interpretation of the concept of roots in the context of preventive detention, focusing on the lack of adequate evaluation of elements that determine the danger of escape.
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Copyright (c) 2023 Pavel Luis Ilich Sáenz de la Cruz
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