Facultad de Derecho y Ciencias Sociales

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Author: search.filters.author.Sandoval Chunga, José Calixto

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    El acuerdo reparatorio como requisito de procedibilidad para el ejercicio de la Acción Penal.
    (Universidad Privada de Trujillo, 2019)
    Sandoval Chunga, José Calixto
    ;
    Cruz Vegas, Guillermo Alexander
    The investigation focuses on the study of a procedural problem within the common criminal process, such as the reparation agreement, and identifying that it is mandatory, so that the prosecutor can exercise the criminal action; In this way, it has been proposed as a statement of the problem: Is the reparation agreement a procedural requirement for the prosecution to formalize the preparatory investigation? The main objective is to determine that there are reasons to consider that the reparation agreement constitutes a requirement of procedure for the prosecution to formalize the investigation; Thus, the following hypothesis was formulated: “The reparatory agreement constitutes a procedural requirement for the prosecution to formalize the preparatory investigation because: the legislator has established its obligation in Article 2 subsection 6 of the Criminal Procedure Code when using the term“ will proceed ”; it is the characteristic that differentiates it with the principle of opportunity that is optional; and, it constitutes a private agreement between investigated and aggrieved ”, this was verified after a rigorous analysis of the doctrine and jurisprudence as well as the analysis by the hermeneutical method of the national legislation, in addition to the opinion of the experts, by means of the technique of the survey that allowed the hypothesis to be validated.
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    Consecuencia Jurídica del incumplimiento del acuerdo reparatorio
    (Universidad Privada De Trujillo, 2019)
    Sandoval Chunga, José Calixto
    ;
    Cruz Vegas, Guillermo Alexander
    The problem arises in which we enter is to highlight the difference between reparative agreement and the principle of opportunity, therefore, the most substantial is that while the principle of opportunity is an agreement of a public nature, to which the prosecutor arrives with the investigated, in the case of the reparation agreement it is an agreement reached by the injured and the investigated; being therefore of a private nature. Thus, the following statement of the problem was raised: What consequence does the breach of the reparation agreement entail in the Peruvian criminal process?; The main objective was to determine the consequences of non-compliance with the reparation agreement in the Peruvian criminal process. As a tentative response to the problem, it is that: the effect of non-compliance with the reparation agreement is that the prosecutor of the case, or any other, may resume the criminal action, since having the nature of a private agreement, abstention or irreversibly operates withdrawal of the criminal action. We worked with the Legislation, on reparatory agreement, doctrine, on reparative agreement and jurisprudence, on the means of procedural simplification. It was mainly used, the legal hermeneutical method, this method gave me the possibility of being able to interpret the nature of the reparation agreement, based on the legal regulation and the principles of law. With the use of this method it was established as a discussion of the results that the reparatory agreements are agreements of a consensual, bilateral nature, which is framed under the principles of speed and procedural economy, where the self-disposition of the parties prevails and there is a minimum intervention of the State, therefore, either by its nature of private agreement, and by rule of the principle of procedural legality, signing a reparatory agreement, implies that the criminal process ends, that the criminal action dies, so that its serious effect, that the criminal process cannot be reopened.