Examinando por Autor "Chirinos Castro, Carlos Alberto"

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Acceso abierto
Análisis de la pericia médico forense de parte en absolución de casos de abuso sexual en el Perú 2011-2021
(Universidad Privada Norbert Wiener, 2023-05-09) Chirinos Castro, Carlos Alberto; Casana Jara, Kelly Milagritos
The objective of this research is to analyze the forensic medical expertise of the party in the acquittal of cases of sexual abuse in Peru 2011-2021. The research methodology used is a qualitative approach, with an inductive method, its design was based on grounded theory and using the documentary analysis technique, for the collection of information the documentary analysis guide instrument was applied. The study was carried out in relation to 5 files with acquittal in cases of crimes against sexual freedom of the departments such as: Ancash, San Martin, Cajamarca, Piura, the criteria considered were cases of acquittal sentences of life imprisonment, sentences that supported its decision with the medical expertise of minors under 11 years of age and finally that the research participants are under 11 years of age. Among its results, an inadequate praxis is identified in the official medical expertise in cases of sexual abuse in the country; The sentences analyzed establish the importance of the forensic medical expertise of the party in the Peruvian criminal process by allowing to base a sentence of acquittal of life imprisonment and finally forensic medical criteria with scientific rigor are established in relation to sexual abuse in the age group of minors. 11 years. The conclusion of the investigation shows that the forensic medical expertise on the part has served as the basis for the acquittal of life imprisonment cases by demonstrating the poor assessment and evaluation that was carried out in the official medical expertise.