The evaluation of the roots in the determination of the preventive detention by the judges of the judicial district of Lima Norte 2015

Abstract

The purpose of the investigation was to determine the legal assessment criteria and the nature of the arraigo as the basis for the application of preventive detention by the Criminal Judges of the Judicial District of Lima Norte in the crime of aggravated robbery under the right to personal liberty of the investigated;to this end, the research has been carried out in the qualitative approach with the design of the grounded theory and the case study, being necessary the use of the interview to ten specialists between jurists and magistrates, in addition to the documentary analysis as a technique of collection of data. In the results it was obtained that the judges of the Judicial District of Lima North in 2015, to dictate preventive detention in the aggravated robbery processes, have valued the rooting in its three dimensions: the labor, domiciliary and family roots. It is concluded that the criteria of legal assessment of the establishment by the Criminal Judges of the Judicial District of North Lima in various cases applied to the aggravated robbery processes in the year 2015 connote a legalistic, purely formal and mechanized classification of labor, domiciliary and family roots.