Johnny Fabricio Landazuri Cortez

Pre-trial detention in criminal proceedings Johnny Fabricio Landazuri Cortez

Freedom understood as a fundamental right has been a subject of discussion that leads to a conflict in two areas of legal sciences, the traditional discussion of criminal law and constitutional law whose discussion has taken important influences by the. Carnelutti in his time highlighted the value of criminal law for protecting freedom against other areas such as civil law that protect property for example. Constitutionally speaking freedom is a fundamental right historical preciation, the pillar for the Positive construction of the rest of fundamental rights; that is why both the Supreme Charter and the different international treaties of human rights have considered several judicial guarantees for the processed, to the point that in many occasions the reviews have affirmed that these norms offer an excessive protection to the defendant over the victim.