La Victima Del Proceso Penal En Tiempos De Covid-19

Abstract

The purpose of this work is to present some reflections about the victim of crime, in a criminal proceeding within a State of Emergency to cause of the COVID-19 outbreak. The lack of criminal political clarity towards where it is intended to target the regulation of the victim in our system criminal procedure opens huge spaces of risk of introduction of changes which, due to not having a clear orientation or being well thought out, could introduce distortions and relevant problems in situations such as those it has been going through the world, especially in our country, where Declared a State of National Emergency for the serious circumstances that affect the life of the nation as a result of the COVID 19 outbreak. In this context, the work of various institutions was suspended, among they are the Public Ministry and the Judiciary, suspending, in Consequently, during this period the procedural terms. By procedural term it is understood the maximum time that the Code of Criminal Procedure (hereinafter CPP) or the laws of the matter grant the parties, so that they can carry out certain procedural activity or exercise any faculty established at your favor; this is a period in which neither the parties nor the judge can carry out activities aimed at clarifying the facts, unleashing as a consequence the delay of the investigation or oral trial, evidencing what we all already know, the enormous existing litigation, as causes of many of the eternal processes that accumulate as well as inefficiency the system that leaves the victim behind; therefore, in order not to consider only theoretical but also empirical aspects, I will divide the text into two sections. In the first of these, prior to an extensive definition of the victim category, I will try to give a brief historical-dogmatic vision on the victim within the Accusatory Criminal System, putting special emphasis on the criminal procedural systems of the middle ages (at the time of the black plague), modern and contemporary, in the second section I It is interesting to explain the situation of the victim (in its various degrees) in the Peruvian State of National Emergency. The work will culminate with brief closing closing thoughts