Facultad de Derecho y Ciencias Sociales

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Author: search.filters.author.De La Torre Sucñier, Roy LuisHas files: Yes

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    La vigilancia electrónica personal para procesados o condenados por el delito de tráfico ilícito, tipo base “correo de drogas”. Distrito judicial del Callao- 2018.
    (Universidad Privada de Trujillo, 2019)
    De La Torre Sucñier, Roy Luis
    ;
    Cruz Vegas, Guillermo Alexander
    ;
    Cruz Vegas, Guillermo Alexander
    The present research work is carried out in order to establish that the scope of Legislative Decree No. 1322 "rule that regulates Personal Electronic Surveillance" in order for people to process or be sentenced for the crime of Illicit Drug Trafficking "Mail drug" (base type) article 296 ° of the CP. They can also benefit from the scope of the aforementioned rule, in this context seeks to comply with the purpose of the limited rule in order to contribute to the reduction of overcrowding in prisons, reducing the costs of criminal measures such as internment and making the precautionary measures or penitentiary benefits effective and, thereby, reduce the recidivism of those who are monitored. It is important to note that there is a clear inconsistency between Legislative Decree No. 1296 and Legislative Decree No. 1322 regarding the application of penitentiary benefits and a void in the Penal Code referred to in article 296 "drug mail", (AGREEMENT PLENARY No.: 3- 2008 / CJ / 166).In this context the use of personal electronic surveillance for defendants and sentenced for the Crime of Illicit Drug Trafficking "Mail drug", (base type) article 296 ° CP. It is justified : a. Factics: Decrease in prison overcrowding and prevent criminogenic infection. b. Social: Achieve Reintegration into the bosom of the sentenced prisoner's society. c.Legal: Agree on Legislative Decree No. 1322 (Personal Electronic Surveillance), with Legislative Decree No. 1296. For all of the foregoing, it is recommended that the scope of subsection c) of Article 5 of Legislative Decree No. 1322 be modified. And that those accused of and sentenced for the crime of TID "drug mail" (Article 296° of the Criminal Code) They can be incorporated and benefit from the Personal Electronic Surveillance, being also incorporated in the Criminal Code the figure of drug mail and be subsumed in the article 296 ° of the CP.
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    La pena de vigilancia electrónica y la disminución del hacinamiento penitenciario
    (Universidad Privada De Trujillo, 2019)
    De La Torre Sucñier, Roy Luis
    ;
    Cruz Vegas, Guillermo Alexander
    This research work was guided at all times by the great concern of looking for mechanisms to reduce the overpopulation of criminals in Peru, so, the so-called criminal substitutes or alternative penalties, and within these to the penalty of electronic surveillance, The same one that has been incorporated into the penal code in 2017, has the function of reducing the large burden of prisoners in the penalties in order to fulfill the end of the prison system in our country. It was considered that the investigation found its justification because it tries to highlight a problem that afflicts the Peruvian citizen, and is referred to the situation that the prison system is going through in the country, and that is that the criminals in Peru suffer from the problem of overcrowding, due to lack of serious public policies to address it, as well as the high rate of preventive prisons that further exacerbate the problem In this problematic context, the following was outlined as a statement of the problem: How would the penalty of electronic surveillance affect prison overcrowding in the country ?; The main or main objective is to determine how the penalty of electronic surveillance would affect prison overcrowding in the country; The following hypothesis was proposed: "The application of the electronic surveillance penalty would have a positive impact on prison overcrowding, because it allows a reduction in prison overpopulation levels." In order to test our hypothesis, the comparative method was mainly used, with this method it was possible to determine that this penalty is being effective in other countries and that this can be replicated in Peru as long as good use is made of this kind of grief In the end it was found that the purpose of this device is to “Contribute to the reduction of overcrowding levels in prisons through electronic surveillance of persons prosecuted and convicted, reducing the costs of criminal measures such as detention and making effective the precautionary measures and the prison benefits and, with it, reducing the recidivism of those who are monitored ”, constitutes a mechanism that serves to reduce the high rate of inmates in the penalties, both as processed with preventive detention or as a firm conviction