THE REAL USEFULNESS OF THE LEGAL IMPEDIMENT TO APPLY EARLY TERMINATION IN THE INTERMEDIATE STAGE

Abstract

In this article, the author examines the Early Termination and analyzes the impediment of its application once the fiscal accusation was made in the criminal process, provided for in numeral 1) of article 468, an issue that has been the subject of pronouncement by the Court. Supreme through Plenary Agreement No. 06-2011-CJ/116, the objective being to identify the existing benefits in its application; as well as the disadvantages of its impediment not only for the defendants, but also in the resolution of conflicts in the stage of the Preparatory Investigation and, in the Intermediate stage, concluding that its application is more beneficial for the criminal process, since the reasons that justify his impediment, are not proportional and consistent with the purposes of the criminal process.