THE VICTIMIZATION OF THE AGGRIEVED PARTY IN THE NEW CRIMINAL PROCEDURAL SYSTEM IN THE DISTRICT OF CUSCO

Abstract

The lack of protection of the victim translates into a violation of the principle of equality of the aggrieved party, in the investigation, during the formalization and control of the accusation; Therefore, during the trial, the social and legal significance is important within the legislative sphere. The aim of this study was to analyze the victimization of the aggrieved before the new criminal procedure system, implemented in the district of Cusco, evidenced in the lack of protection of the aggrieved party or victim, which leads to a revictimization of the crime against the perpetrator. The research was descriptive, cross-sectional; The sample consisted of 20 sentences and 45 Procedural subjects in the Criminal Process between Judges, Prosecutors and Lawyers. The survey was used as a technique to collect information. It was obtained that the assertion that the affected person is a subject of the process is correct and their powers should not be limited to the challenge when it is adverse, since they would be violating their rights. Modern Victimology seeks to understand the interaction between the offender and the victim; as well as the variables that influence it, to be able to compensate the losses suffered because of the crime and restore the state in which the rights were before their violation.