Uso desmedido de la prisión preventiva por el juez de investigación preparatoria de Huánuco, Perú
Abstract
Objective: The aim of this study was to determine whether there is an excessive use of pretrial detention by the preparatory investigation judges of Huánuco (Peru). An applied methodology was employed, with a correlational level and a non-experimental, cross-sectional design. Materials and Methods: The sample consisted of 25 practicing attorneys and 34 court case files from the aforementioned court. Data were collected through surveys and documentary analysis, using a questionnaire and an analysis matrix as instruments.Results: The results obtained using the SPSS statistical program—specifically through Pearson’s chi-square test (p = 0.045)—made it possible to reject the null hypothesis and accept the research hypothesis.Conclusions: Consequently, it is concluded that there is an excessive use of pretrial detention, applied as a general rule rather than as an exceptional precautionary measure, thereby affecting fundamental rights such as the presumption of innocence and due process.
Fields of Study & Subjects
Criminal Law and Policy
Legal processes and jurisprudence
Criminal Justice and Penology
Publication details
- Journal / source
- Gaceta Científica de Derecho Peruano
- Volume
- 1
- Issue
- 1
- Publication date
- 17 February 2026
- Language
- EN