Abstract

MEJIA MAYORCA, Juan Daniel; LUDENA MANCO, Gerardo  and  CUEVA-QUEZADA, Nilton Isaías. The viability of the separation of judges (intermediate stage and preparatory investigation stage) in Peruvian criminal proceedings. Revista InveCom [online]. 2025, vol.5, n.3, e050341.  Epub Mar 29, 2025. ISSN 2739-0063.  https://doi.org/10.5281/zenodo.14270752.

The Peruvian procedural context has sought to establish a legal framework that promotes a more agile, transparent and respectful process; however, the Peruvian procedural code regulates that, both for the preparatory investigation stage and the intermediate stage, it is the same judge who assumes the case, which to a certain extent affects the principle of transparency, impartiality and procedural guarantees. The objective of the research was to analyze whether it is feasible to separate and make the judge of the intermediate stage independent from the judge of the preparatory investigation in order to safeguard transparency and procedural guarantees. The method used was a systematic documentary review with a qualitative approach. Among the results, it is highlighted that one of the frequent problems in Peruvian judicial systems is the filing of appeals or nullities due to procedural flaws related to the lack of impartiality or guarantees. As a conclusion, it is proposed to implement alternative mechanisms that facilitate the implementation of the separation of judges, without implying excessive costs or destabilization of the system.

Keywords : intermediate stage; infringement; criminal proceedings; principle of transparency; impartiality.

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