Compensation as a mechanism for restitution of the presumption of innocence as a right not to be presented before the press in Lambayeque-Peru, 2024

Abstract

The article aimed to study and propose compensation as a mechanism for restitution to the presumption of innocence as a right not to be presented to the press in Lambayeque-Peru 2024, through a basic study with a qualitative approach, for which the interview was used as a technique through the interview guidance instrument,  and professionals specialized in civil law were taken as a population, and applying a non-probabilistic sampling by trial, eight lawyers with a specialty in civil law who teach at the Señor de Sipán University were sampled. The results reveal that, of the legislations such as Mexico, Colombia, Chile, Brazil and Peru, only Mexico has established as a right of the accused not to be exposed to the media and much less to be presented as guilty before society; while in the Peruvian case, the prohibition is aimed at public officials and authorities; likewise, that jurisprudence at the international level, such as the Inter-American Court of Human Rights, and at the national level through the Constitutional Court, prohibits the media exposure of detainees; However, despite this prohibition, the practice of presenting detainees to the press persists, and it is necessary to establish measures to ensure compliance with this prohibition. In this way, it was concluded that one measure would be compensation, which would serve as a restitution mechanism, fulfilling a double function: to compensate the victims and to deter future violations.