Facultad de Derecho y Ciencias Sociales

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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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    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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    Necesidad de escindir el juicio oral para debatir la reparación civil en caso de Absolución.
    (Universidad Privada de Trujillo, 2020)
    Rojas Tacanga, Alberto Carlos
    ;
    Cruz Vegas, Guillermo Alexander
    Article 12 subsection 3 of the criminal procedure code establishes that civil reparation depends on the existence of a typical damage, the truth is that it is difficult to make this rule viable, because having a trial in a single phase cannot determine properly worth it, much less can you discuss and prove civil reparation, so it is necessary to regulate a division of oral trial into two parts; one for guilt and another for the determination of the penalty and civil reparation. In that context we opted for the following statement of the problem: Why is it necessary to split the oral trial before an acquittal in the Peruvian criminal process ?; It was pointed out as a general objective: to determine why it is necessary to split the oral trial before an absolute sentence in the Peruvian criminal process. As a tentative response, it was established that “it is necessary to split the oral trial before an acquittal in the Peruvian criminal process, because it would allow for a probative debate, contradiction of arguments and an adequate determination of civil reparation”. After the analysis, by means of doctrinal, hermeneutical and other legal methods and using the technique s such as documentary analysis or signing, it could be concluded that: by establishing article 12. Subsection 3 that reparation can be ordered even if there is an absolute sentence, a procedural space is needed and then the acquittal has been determined, it can be discussed, tested and also that the judge can make a correct determination of civil reparation.
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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.