Constitutional guarantees in crimes of corruption of officials in a conjunctural socio-political context

Abstract

The objective of this research has been to determine the development and unrestricted respect for the criminal guarantees enshrined in our Fundamental Charter in a conjunctural context of quasi-generalized corruption, of those involved in civil servant crimes of corruption, through the perceptions of judges and litigating lawyers within of the Judicial District of Huancavelica during 2018. The proposed questioning is to find out the real perception of judges and trial lawyers specialized in the matter, if the criminal proceedings for corruption crimes respect the system of constitutional limits that all proceedings must coat. A type of basic research was developed, at a descriptive-explanatory research level. Its design and scheme was non-experimental. The survey
was used as a technique and the 7-question questionnaire as an instrument; as a population it is made up of the judges of the Judicial Power and specialty lawyers of the Huancavelica jurisdiction, in whose non-probabilistic sample 9 judges and 8 specialty lawyers and / or jurisdictional assistants were considered. As a result, the influence is noted when dealing with crimes of corruption where the exemplar y effect ofthe penalty is prioritized; However, it is important to note that there is a reluctant attitude among those surveyed to acknowledge the influence of the conjunctural socio-political context on the system of constitutional limits on crimes of corruption of officials, despite the fact that the survey has been anonymous; The perception taken has indicated that there is a great discussion between the existing reality and its influence, and another that denies it, adducing an unaccepted reality.