The control of conventionality and the protection of the fundamental right to personal liberty of the detainee in flagrante delicto in Peru

Canduelas-Cervantes M. · Juridicas (2025) · DOI: 10.17151/jurid.2025.22.2.4

Resumen

The main objective has been to demonstrate the international responsibility of the Peruvian State, by not submitting the detention in flagrante delicto to the control of the judge, limiting said control when the crime object of the arrest updates the so-called immediate criminal process, but outside of such assumption, the detainee he is not taken to the judge to examine the legality of the detention and if he is taken to the judge it is to request the precautionary measure of preventive detention, proceeding to resolve such request, without verifying whether the detention was legal or not. We believe that the scope of our study is valuable by virtue of denouncing the breach of the international obligations contracted by Peru in relation to the human rights of the detainee in flagrante delicto. Finally, we have pointed out as a conclusion that the Peruvian judges have to go to the conventionality control to justify, that prior to resolving the requested preventive detention, the legality of the same is controlled, ordering the freedom of the detainee, if the deprivation of his freedom it was not in accordance with law.

Instituciones: Universidad Privada San Juan Bautista