Desnaturalización del doble conforme y desbordamiento de carga procesal en el Perú a propósito de la Ley N° 31592, ley que modifica la condena del absuelto

Abstract

The objective was to analyze the implications associated with the enactment of Law No. 31592, which introduces significant amendments to the Code of Criminal Procedure regarding the acquitted person's conviction. For these purposes, it was analyzed whether such legislation complies with national and international standards regarding judicial conformity, as well as to examine its feasibility and effectiveness in terms of judicial proceedings aimed at challenging acquittal convictions. A mixed methodological approach was adopted over an extended period, covering the analysis of judicial decisions issued between the period 2010 - 2022. Through a thorough analysis, it was concluded that the principle of double jeopardy should be applied exclusively to the convicted person, highlighting that challenges related to acquittal convictions should be the competence of a Criminal or Mixed Chamber belonging to a specific Judicial District, instead of being attributed to the Supreme Court. Consequently, the modification introduced by this Law is highly detrimental by virtue of the possible difficulties it could cause in the operability of the appeal processes, as well as its potential to weaken the principle of double conformity, which constitutes a fundamental pillar in the judicial system.