Everything goes back in the case of cocktails? Treatment of the intermediate stage under the principle of legality in Peruvian criminal proceedings

Abstract

This research analyzed the intermediate stage in the criminal procedure of the cocktail case under the principle of legality. The objective of sustainable development (SDG) is to analyze how a good intermediate stage can be made in complex cases without violating the principle of legality in criminal matters; a basic, open and flexible methodology was used, with a qualitative approach that allowed collecting experiences of judges and prosecutors. On the other hand, results have been obtained such as concern for the protection of the rights of the accused and the need for a criminal process that respects the principle of legality, guaranteeing a fair and equitable trial; and in conclusion it has been found that both the requirement of prosecution and the powers of the judge have not been respected, which has led to a violation of the fundamental rights of the accused and a manifest defenselessness. This non-compliance not only affects the individualization of the accused and the elements of conviction, but also compromises the validity of the indictment, which could result in the nullity of the oral trial.