Facultad de Derecho y Ciencias Sociales

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Author: search.filters.author.García Mejía, Jesús CandelarioSubject: search.filters.subject.5.05.01

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    Incumplimiento de la rehabilitación automática
    (Universidad Privada de Trujillo, 2019)
    García Mejía, Jesús Candelario
    ;
    Cruz Vegas, Guillermo Alexander
    The problem dealt with in this investigation is related to the importance of a fundamental right enshrined in the constitution, which is the right of every convicted person to re-socialize and who can, after serving his sentence, rejoin society, in that sense, Article 22 of the constitution is of vital importance, since it is the constitutional tool, which allows the development of the norm of the penal code referred to the automatic rehabilitation, however, the problematic results from the non-fulfillment in the reality of this norm that establishes the automatic rehabilitation . In virtue of this problematic framework, the following was formulated as a statement of the problem: What are the factors that prevent automatic rehabilitation? The main objective of this investigation was established: To identify which factors prevent automatic rehabilitation. In view of this, the following was formulated as a tentative response: The factors that prevent automatic rehabilitation are the procedural burden, the absence of a specialized judge in that function, the negligence of the judges to perform the rehabilitation and the non-existence of a computer system. Alert in advance of compliance with sentences is a factor that prevents automatic rehabilitation. The same one that later was verified with the analytical methods and the survey techniques by questionnaire, concluding that these were the factors that prevent the automatic rehabilitation, and recommending that: it is necessary and urgent the creation of the judges in charge of compliance monitoring of the penalties, combined with a suitable computer system, for the realization of the rehabilitations of office.
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    La reparación civil como condición para la rehabilitación del penado.
    (Universidad Privada De Trujillo, 2019)
    García Mejía, Jesús Candelario
    ;
    Cruz Vegas, Guillermo Alexander
    In the investigation that was carried out, Legislative Decree No. 1453 has been taken into account, which incorporates article 69 of the substantive code as a requirement for rehabilitation that the convicted person has paid the full amount of civil reparation, so that the victim is satisfied as to the reparation for the damage that was caused. In that sense, the following statement of the problem was formulated: Why should not the full payment of the civil reparation be a condition for the rehabilitation of the convicted person ?, indicating the main objective: determine why the full payment of the reparation should not be civil a condition for the rehabilitation of the convicted. The following hypothesis was formulated: “The full payment of civil reparation should not be a condition for the rehabilitation of the convicted person because civil reparation is not a penalty and you do not have the purpose of resocialization”; which, after the use of the technique of documentary analysis were analyzed as in practice the civil reparation has been applied in criminal proceedings (cassation and plenary agreement), the instrument was the record of documentary analysis and using the hermeneutical method He was able to interpret the scope of rehabilitation, penalties and civil reparation. After the use of the methods described and the techniques of these, it was determined as results that the repair as supported by the Nullity Resource 948-2005 Junín, the repair is not a pity, so it cannot be adjudicate purposes such as resocialize, which are typical of a penalty. Likewise, professors, Cesar San Martín and Gonzalo del Rio, state in that sense the enforcement of legislative decree No. 1453, which incorporates article 69 of the substantive code, as a mandatory and inescapable condition for the prisoner to achieve his Rehabilitation that this complies with the payment of the total civil reparation, the integral of the civil reparation, this legal modification, is not correct since the nature of the reparation does not have the purposes of the penalty, but its nature is strictly private and compensatory. Since it is not a penalty and does not have the purposes of the penalty, it is not possible to condition your payment to the rehabilitation of the convicted person.