Facultad de Derecho y Ciencias Sociales

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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.