La negociación en el proceso penal desde la dogmática del Derecho penal: Especial referencia a los ordenamientos español y peruano

Abstract

This paper discusses how negotiations in criminal proceedings affect the preventive-general effectiveness of punishment and the protection of legal goods as a function of Criminal law. After a systematic analysis, the need appears to exclude negotiations in felonies, that is, those in which the amendment of legal consequences through criteria foreign to the sanctioned conduct materially affects general prevention and communication regarding the value of the protected legal good. Thus, a double procedural way is proposed: maintain an oral trial for felonies and allow negotiation for misdemeanors. This proposal especially refers to current negotiation regulation in the Spanish and Peruvian criminal proceedings, for which some lege ferenda factors are proposed.