Absence of the institute of extromisión in the peruvian penal process system and injustice processing the Judicial District of Huánuco

Abstract

The objective of the study was to determine the relationship between the absence of the institute from the extrusion in the Peruvian criminal procedure system and the unjust prosecution of the Huanuco Judicial District, 2012-2014. The type of research in the present study was observational. In the study the correlational and analytical design was applied. The population of the present study consisted of the total of resolutions in which the extradition in the criminal proceedings of the last three years of entry into force of the New Criminal Procedure Code in the Judicial District of Huánuco has been applied period 2012-2014. , 24 prosecutors were taken into account. The sample corresponded to the non-probabilistic sampling for convenience constituted by the only three cases with resolutions issued by the Superior Chamber of the Judicial District of Huánuco, where enforcement was invoked. Also, for the research sample, 24 prosecutors were taken into account. The results of the present study were: In general, 79.2% (19 cases) were unjustly prosecuted and 12.5% (3 cases) were submitted to extradition in the Peruvian criminal procedure system. On the other hand, it was found that unfair processing is significantly related to the absence of the institute of the excoriation (X2 = 4.37; P≤ 0.037), the perception of the State promotes the process of implementation of the institute of extroversion (X2 = 14,08, P≤ 0,003) and factors that hinder the implementation of the institute of the excoriation (X2 = 15,19, P≤0,002). The conclusions reached in the present study were: The absence of the institute from the extrusion in the Peruvian criminal procedure system is directly related to the unjust prosecution of the Huánuco Judicial District.