Resumen

MIO LOPEZ, José Joel. CRIMINAL FLAGRANCE: THE NEED FOR EFFECTIVE CONTROL OF LEGALITY BY THE PUBLIC PROSECUTOR'S OFFICE. Aula Virtual [online]. 2024, vol.5, n.12, e400.  Epub 27-Mar-2025. ISSN 2665-0398.  https://doi.org/10.5281/zenodo.14712172.

This article examines the legality control in detentions made in flagrant situations in Peru, with a special focus on the role of the Prosecutor's Office. It discusses the importance of validating the legality of such detentions and their impact on the fundamental rights of the individuals involved. The practical application of legality control in these cases reveals a considerable discrepancy with the theoretical framework, as evidenced by the lack of uniformity in the actions of prosecutors. To conduct this study, a qualitative and phenomenological approach was adopted, which included interviews with prosecutors and document analysis. The findings indicate that there is insufficient verification of the legality in detentions, which could lead to the violation of rights and the annulment of criminal processes. Therefore, the urgency of strengthening the actions of the Prosecutor's Office is emphasized to ensure effective legality control in flagrant detentions.

Palabras clave : Legality control; flagrante delicto arrest; arbitrary detention.

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