Facultad de Derecho y Ciencias Sociales

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EL PROCESO INMEDIATO OBLIGATORIO Y LA VULNERACIÓN DE LA AUTONOMÍA DEL MINISTERIO PÚBLICO.
(Universidad Privada de Trujillo, 2019)
DE LOS RIOS OCAMPOS, ROSA
;
Cruz Vegas, Guillermo Alexander
En este trabajo de investigación se ha abordado la temática del proceso inmediato y su reforma a partir del decreto legislativo 1194, en el que destaca el cambio de facultativo a obligatorio de este proceso inmediato y la consecuente vulneración a la autonomía del Ministerio Público que ello ha traído consigo; en ese sentido se ha formulado como enunciado del problema ¿En qué medida, la obligatoriedad impuesta a la fiscalía de solicitar la incoación del proceso inmediato vulnera la autonomía del Ministerio Publico?, fijándonos como objetivo general: determinar qué sentido, la obligatoriedad impuesta a la fiscalía de solicitar la incoación del proceso inmediato vulnera la autonomía del Ministerio Publico, y formulando como respuesta tentativa al problema la siguiente: “la obligatoriedad impuesta a la fiscalía de solicitar la incoación del proceso inmediato vulnera la autonomía del Ministerio Publico (artículo 158 de la Constitución Política) debido a que, al ser este el ente titular de la acción penal (159 inciso 4 de la Constitución Política), debe ser quien decida la estrategia de investigación, pudiendo optar, de acuerdo, al caso concreto, por tipo de proceso que garantice mejor el cumplimiento de los fines del proceso y la protección de los derechos procesales de las partes”. A partir de doctrina, legislación y jurisprudencia se ha logrado probar la hipótesis, en esta investigación de tipo básica y descriptiva, en la que se ha concluido que el proceso inmediato obligatorio si lesiona el principio de autonomía que le asiste al Ministerio Público.
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El Principio de Oportunidad en delitos de Omisión a la Asistencia Familiar en las Fiscalías Provinciales Penales Corporativas de Trujillo, años 2016 y 2017.
(Universidad Privada de Trujillo, 2018)
Vilcherrez Sosa, Alfredo
;
Cruz Vegas, Guillermo Alexander
The purpose of this investigation is to establish the effectiveness of the application of the Opportunity Principle, provided for in article 2 of the new Code of Criminal Procedure, in the cases of the crime of Failure to Accept Family Assistance at the tax office, resulting in It is necessary to determine if this institution is fulfilling its purpose, that is, if it is resolving the conflicts raised between the parties without having to resort to the Judicial Power, in order to avoid the congestion of the procedural burden in the justice system. In this sense, it is necessary to determine first of all whether the application of the Opportunity Principle applies in cases of the crime of Omission to Family Assistance; Similarly, it is necessary to determine whether the Opportunity Principle for the commission of the crime of Omission to Family Assistance was applied at the jurisdictional level in the years 2016 and 2017. In the same way, determine what percentage of the cases for the crime of Omission to the Family Assistance admitted to the Provincial Criminal Prosecutor's Offices of Trujillo in the years 2016 and 2017 were resolved by application of the Opportunity Principle, and, what percentage were judicialized In order to comply with this objective, information has been obtained from the database of the Fiscal Management System of the Public Ministry for the years 2016 and 2017, which has been properly processed and analyzed.
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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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El fraude inmobiliario y la vulneración de los principios registrales, en el distrito de Carabayllo 2018
(Universidad Privada de Trujillo, 2018)
Requena Saldarriaga, Víctor Hugo
;
Cruz Vegas, Guillermo Alexander
In the present investigation it was proposed to investigate that a social and legal problem such as property fraud very present in our society, violates the principles of registry law, in that sense it was proposed as a statement of the problem: What registry principles violate real estate fraud, in the district of Carabayllo 2018 ?, having justified our investigation that should solve this social and legal problem that afecte too much the legal security of the country, what was sought was to determine which registry principles are violated with the real estate fraud that is increasingly common in our society, and there is no action to counter it. The hermeneutic method was used to interpret the articles referring to the registration principles included in both the Civil Code and the general regulation of public records, in order to unravel the content and scope of these rules; and confirmed the hypothesis that: The real estate fraud violates the registration principles of enforceability, legitimacy and public record, after analyzing and discussing the results, which are the legislation, doctrine and jurisprudence on registration principles and real estate fraud.
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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 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
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Cruz Vegas, Guillermo Alexander
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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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Software para contrataciones del estado y la disminución de la corrupción.
(Universidad Privada de Trujillo, 2019)
Chunga Palacios, Walter Fidel
;
Alza Collantes, Carlos Jesús
The subject of the thesis was worked on according to the importance of the Implementation of a Software Computing System that follows the entire recruitment process from its call to the delivery of the good pro. This to avoid all bureaucratic obstacles, the direction of works and corruption. This is because, in the area of comparative legislation, over the years more and more emphasis is being placed on the issue of contracting works. At the global level, each country makes its greatest effort to regulate its standards, regulations and regulations. Public procurement represents a significant average of the GDP of the economy, which is an important aspect for any economy. In that sense, it was established as a statement of the problem: To what extent the creation of a Software for Contracting of the State, would decrease the corruption in this process? From that the following hypothesis was formulated: "the creation of a Software for Contracting of the State would reduce corruption, to the extent that it would create filters to reduce the favoring of companies, avoid the overvaluation of works and reduce contracting times with the State "after getting the results and making the respective analysis and discussion was established as a conclusion that: "the creation of a Software for Contracting of the State allows to reduce the corruption in the contracting of the State, to the extent that it creates filters to reduce the favoring to companies, avoids the overvaluation of the works and reduces the times in the hirings with the state".
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Fiscalía provincial penal conciliadora de accidentes de tránsito y el acuerdo reparatorio satisfactorio, distrito judicial Lima - Centro 2018
(Universidad Privada de Trujillo, 2019)
Calderón Zapata, Angel Eduardo
;
Cruz Vegas, Guillermo Alexander
Already when talking about "ACCIDENT OF TRANSIT", we can notice that, precisely because it is an accident, in principle, we would be faced with an unwanted event; in other words before a guilty figure. This action may result in Wrongful Deaths (Article 111 of the Criminal Code), as well as Wrongful Lesions (Article 124 of the Criminal Code), relevant part. Once the traffic accident occurred and the investigations were carried out in application of our adjective right (Article 2 of the Code of Criminal Procedure) within the Opportunity Principle, the Reparatory Agreement is applied, however, after having reached a reparatory agreement duly signed by the parts, it has been observed in the Second Traffic and Road Safety Prosecutor's Office in Lima, that in the period from July 2017 to October 2018, of 160 reparatory agreements, 64 have questioned this decision, this is almost 50% of the reparatory agreement arrived at the principle of opportunity that manifest their disagreement, either due to inadequate advice or because they belatedly noticed a proposal not commensurate with the magnitude of the damage, noting that in many cases the agreed amount does not compensate for the injuries or death of the victim. Likewise, the investigations carried out by the commission in this type of criminal offenses indicated in articles 111 and 124 of the Penal Code cause an excessive workload, which generates that this type of investigations at the provincial criminal prosecutor's level, at the end of the realization of the diligence inherent in the investigation of this type of crime. In this context, the intervention of the Public Ministry is relevant. According to Legislative Decree N ° 052, Organic Law of the Public Ministry, in article 5 "Prosecutors act independently in the exercise of their powers, which they perform according to their own criteria and in the form they deem best arranged for the purposes of the institution. Being a hierarchically organized body must be subject to the instructions that could be given by their superiors.
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Inconstitucionalidad parcial del artículo 447 del código Procesal Penal.
(Universidad Privada de Trujillo, 2019)
De los Rios Ocampos, Rosa
;
Cruz Vegas, Guillermo Alexander
The subject of the investigation was entitled: “Partial unconstitutionality of article 447 of the criminal procedure code”, this problem was developed taking into account that, if the prosecutor requests the initiation of the immediate process, the investigator being detained, the prosecutor having requested the Preventive detention, it is imperative to keep the detainee's detention until the sole opening hearing of the immediate process is carried out, since it would be illogical to grant the accused freedom, since he would escape; however, the problem arises when the prosecutor, being the one investigated with a detention in flagrance or by preliminary judicial detention, requests the initiation of immediate process but without requiring the imposition of a preventive detention, in that case, he would not have to the accused remains in detention until the hearing of said hearing. Given the problem described, the following was formulated as a statement of the problem: "Why is it unconstitutional to maintain the detention of the accused until the hearing for the opening of the immediate process is held, in the event that preventive detention is not required?" ; being the general objective: to determine why it is unconstitutional, the detention of the defendant is held until the opening hearing of the immediate process is carried out, in the event that preventive detention is not required. The following was formulated as a hypothesis: "It is unconstitutional because the right to freedom of the accused is violated, since the accused is held in detention, when there is no justification for continuity in this state." Through the hermeneutical method and with the use of documentary analysis, we analyzed how in practice this immediate process has been applied (cassation and plenary agreement), the instrument was the record of documentary analysis; with which the hypothesis was verified and concluded that the prescription contained in article 447 subsection 1 of the criminal procedure code is unconstitutional, which establishes that it is necessary to maintain the detention of the accused until the opening hearing of immediate proceedings is made, thus, no preventive detention has been requested, because the right to freedom is violated, since freedom is restricted to a person without justification.
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El proceso como garantía de los derechos de las víctimas de violencia contra la mujer en el segundo juzgado de familia de la provincia de Andahuaylas – 2018.
(Universidad Privada de Trujillo, 2018)
Lopinta Bedia, Alicia
;
Cruz Vegas, Guillermo Alexander
At present it is perceived that violence against women has been increasing with greater intensity in the different spheres of society, being a social problem of greater magnitude to the detriment of women who constantly suffer physical, psychological, sexual and even economic aggressions due to part of their aggressor who is the person close to them as their spouse, cohabiting, ex-survivor, ex-spouse, parents and other unknown persons; There are many factors that contribute to its generation as cultural and social that has become a social problem of greater incidence in the population, being currently perceived as an attack on the life, body and health of the victims and their fundamental rights. For this reason, this research work is based on analyzing the highest level of effectiveness that processes have as a means to guarantee the rights of victims of violence against women, in the Second Family Court of the Province of Andahuaylas, 2018. It also aims to determine the level of effectiveness of the processes to guarantee the rights of the victims, at the same time it will be determined, if the current process contributes to prevent and reduce violence against women and see if the justice operators of According to current regulations and national standards of violence against women, they have been complying in their proper dimension. The research carried out in the following work is of a descriptive basic type, the sample consists of 27 units of study and the techniques used for the collection of information is through the application of the survey to litigating lawyers on violence against women and an interview applied to justice operators; Likewise, the analysis of the judicial folders executed with resolutions of effective protection measures issued by the magistrates on duty regarding violence against women, in the Second Family Court of the Province of Andahuaylas during the year 2018, was 7 carried out with the purpose of analyzing the processes as a means of guaranteeing the rights of victims of violence. Then, they were systematized in statistical tables and graphs, then going on to the test of the hypotheses proposed in the investigation, which was confirmed in part, because in the results we can see that the process effectively establishes protection measures for the victim and also establishes Psychological treatment through a multidisciplinary team so as not only to repair the damage but also to replace the violated rights. This measure is also established for the aggressor in order to change his behavior in front of his victim; however, it is not effective in its entirety since in the part of the economic compensation, that is to say in the compensation amount it is negligible and does not guarantee the physical, psychological and moral damage of the woman victim of violence. Therefore we confirm our general hypothesis and fully accept the established sub hypotheses.

Facultad de Derecho y Ciencias Sociales

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