Territorial Competence of the Prosecutors of Cusco until the Year 2020

  • Hestela Rojas Enriquez,
  • Guido Castillo Lira and Hdadiya Rojas Enriquez
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  • Hestela Rojas Enriquez

    Deputy Provincial Prosecutor of the First Provincial Criminal Prosecutor's Office of Wanchaq at Fiscal District of Cusco, Peru

  • Guido Castillo Lira

    Specialized Judge of the Third Preliminary Investigation Court of Cusco at Fiscal District of Cusco, Peru

  • Hdadiya Rojas Enriquez

    Deputy Provincial Prosecutor of the Second Corporate Criminal Prosecutor's Office of Tambopata at Fiscal District of Madre de Dios, Peru

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In Peru, department of Cusco, there have been incidents when determining the competence or responsibility of the prosecutor's offices in the deaths of people, since the territory of death is different from the territory of the hospital where the corpse is admitted. This situation causes the prosecutor's office where the death occurred to request that the prosecutor's office where the body was admitted to the hospital be the one to carry out all the preliminary investigations. This work presents legal expositions on the criteria of competence that must be considered to determine which prosecutor's office must assume with the investigation processes, such as: the scene of the crime, the consequences of the crime and a criterion not foreseen by law, but significant that is the place of conducting proceedings. Likewise, the loss of competence of the authority is discussed due to the place of verification of proceedings, the negative impact on investigations and processes, the lack of objectivity and immediacy: a prosecutor investigates and another prosecutor resolves, the figure of being competent to resolve, but incompetent to investigate, the non-observance of due process and the violation of the right to equality.




International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 1852 - 1867

DOI: https://doij.org/10.10000/IJLMH.114253

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