Abstract

VASQUEZ ECHEVARRIA, Merli Sadith; DE PIEROLA-GARCIA, Violeta María  and  LUDENA-MANCO, Diego Conrado. Presumption of innocence, pretrial detention, and disproportionality in aggravated robbery in Peru. Revista InveCom [online]. 2025, vol.5, n.2, e502009.  Epub Feb 15, 2025. ISSN 2739-0063.  https://doi.org/10.5281/zenodo.12740677.

The objective of this study was to evaluate the impact of abstract danger and disproportionality of punishment in the crime of aggravated robbery and its consequence on the presumption of innocence, particularly in relation to the imposition of pretrial detention. A qualitative approach was employed, and documentary analysis techniques were used, applying the PRISMA method. The results revealed the existence of disproportionality in the penalties associated with the crime of aggravated robbery, which leads to an impairment of the presumption of innocence and temporary deprivation of liberty without a properly reasoned judgment. It was concluded that the presumption of innocence is a fundamental principle in the legal system that seeks to protect the individual rights of the accused, ensuring that they are considered innocent until proven guilty.

Keywords : proportionality; preventive detention; fundamental rights.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )