Abstract

CORTEZ, GABY  and  CABRERA CABRERA, XIOMARA. The due motivation of the indiciary evidence, related to the principle of presumption of innocence in Peru. Rev. Derecho [online]. 2023, n.59, pp.51-63.  Epub Jan 30, 2024. ISSN 0121-8697.  https://doi.org/10.14482/dere.59.400.439.

The investigation addresses the incorrect assessment and motivation of judicial decisions, violating the principle of presumption of innocence. Posing as a scientific problem, that the improper motivation of the evidence would lead to conviction, limits the protection of the principle of presumption of innocence in the Peruvian criminal process and as an objective, a modification to Law No. 29277 of the judicial career to protect presumption of innocence in criminal proceedings. Scientific legal methods and studies of doctrinal and jurisprudential documents were used, as well as a survey with a questionnaire. From the analysis carried out, the defects in the motivation of the circumstantial evidence by the judge in the sentence are corroborated, affecting the presumption of innocence of the accused, for which it is of interest to incorporate as a disciplinary fault of the Judge who fails to comply with this requirement in the criminal process. in the Regulations, Law N °. 29277 of the Judicial Career. l, Chapter V: Disciplinary Regime, article 47: Serious Offenses

Keywords : Due motivation; indirect or circumstantial evidence; presumption of innocence; rules of logic; direct evidence.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )