ISSN : 2663-2187

Questions to Peruvian urban transportation, from the probative value of the inspection records in the investigation stage of the Administrative Sanctioning Procedure. A Scoping review

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Hans Williams Yopan Huaman, Gerardo Francisco Ludeña González, Violeta María De Piérola García, Nilton Isaías Cueva Quezada
» doi: 10.33472/AFJBS.6.5.2024. 1925-1939

Abstract

The manuscript sought to analyze the scientific evidence related to the probative value of inspection reports in the investigation stage of the Administrative Sanctioning Procedure in matters of urban transportation in Lima and Callao regions of Peru. As such, a structured critical search was carried out in an exploratory manner with the Scoping review model of the SCOPUS, WEB of SCIENCE and SCIELO database. Of which 35 articles regarding the topic were analyzed. The results indicated that the probative value of the inspection records in the Administrative Sanctioning Procedure in matters of urban transportation raises challenges and questions. Although its importance as a means of proof is recognized, doubts arise about its veracity, conformity with the evidentiary model and balance between the rule of law and individual interests. Likewise, the impartiality and experience of the inspectors are key aspects to guarantee the validity of the inspection reports. However, research has shown that inspectors can exercise discretion and make decisions based on irrelevant factors, which could affect the fairness of the results

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