Flagrant offenses and the immediate procedure: effectiveness vs. violation of rights

Albornoz Verde M. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2026) · DOI: 10.5281/zenodo.19486111

Resumen

The treatment of flagrante delicto offenses and the application of immediate proceedings aim to ensure a swift and effective response from the criminal justice system to evident crimes. Flagrancy occurs when the offender is caught during or immediately after committing the crime, or with elements directly linking them to it. Immediate proceedings, regulated under the Peruvian Criminal Procedure Code, allow the omission of the preparatory stage to achieve prompt sanctions. While procedural speed reduces judicial backlog, prevents impunity, and strengthens public trust, its rushed application may affect fundamental rights such as the right to defense, due process, and the presumption of innocence. In some cases, it limits the preparation of the defense and the ability to challenge evidence. Therefore, it is proposed that immediate proceedings be applied under criteria of proportionality and reasonableness, ensuring a balance between efficiency and the protection of fundamental rights.

Instituciones: Universidad Privada Antenor Orrego