Maestría en Ciencia Criminalística

URI permanente para esta colecciónhttps://hdl.handle.net/20.500.13053/367

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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.
Acceso abierto
Capacitación en criminalística del personal fiscal y su relación con la investigación del delito de violación sexual en el distrito judicial de Lambayeque 2021
(Universidad Privada Norbert Wiener, 2022-11-14) Castillo Méndez, Elvis Mayer; Casana Jara, Kelly Milagritos
The objective of this work is to determine the relationship between the criminalistics training of the Prosecutor's personnel and the investigation of the crime of rape in the Judicial District of Lambayeque; for which the hypothetical deductive method has been used; It is a quantitative research, the population is made up of 73 prosecutors; the Contingency Coefficient was applied; obtaining as a result that there is no relationship between being trained at the crime scene by the Prosecutor's staff and the investigation of the crime of rape in adults and minors in the Judicial District of Lambayeque; and this is due to the fact that the level of criminalistics training of prosecutorial personnel does not influence the investigation of the crime of rape; given that the results of the investigation will depend on a good handling of the crime scene by the forensic experts
Acceso abierto
Características clínico-forenses en el abuso sexual en menores de edad evaluados en la Unidad Médico Legal Cajabamba, Perú 2018-2020
(Universidad Privada Norbert Wiener, 2023-05-17) Tirado Romero, Manuel Bentura; Casana Jara, Kelly Milagritos
Child sexual abuse (CSA) is a major global health problem, especially in low- and middleincome non-Western countries. The ASI is a very worrying phenomenon, however, the research on this topic in Peru is very scarce and more specifically in the different regions of the country, so in the present research work the forensic clinical characteristics of sexual abuse in minors are described. of age evaluated in the Legal Medical Unit (UML) Cajabamba (Peru) during the years 2018 to 2020; 164 legal medical certificates made by health professionals were analyzed. Among the findings we have: the average age of the minors was 12 years. 49.39% of the victims had primary education, of which 27.44% presented a recent tear, resulting in the most frequent type of hymen: the annular in 35.37%. On the other hand, 67.07% of the alleged attacks occurred on a working day and 31.10% of the alleged attacks were in a public place (outdoors such as in a park). The most frequent alleged aggressors were family acquaintances (31.71%). Lastly, in 38.41% of the presumed assaults, the presumed aggressor offered money. Further research is needed to better understand the cultural and social context of ASI in all regions of Peru and Latin American countries.
Acceso abierto
La dependencia emocional como factor influyente en las víctimas de violencia intrafamiliar, mujeres entre 25 a 45 años, distrito de Ayacucho 2019
(Universidad Privada Norbert Wiener, 2021-07-30) Rivera Mejía, Josué Leive; Casana Jara, Kelly Milagritos
The objective of this study was to determine the relationship between emotional dependence and domestic violence in women between 25 and 45 years old in the district of Ayacucho, 2019. The type of deductive research, quantitative approach, correlational level. The sampling is non-probabilistic; 112 people, from complete secondary to higher education level, were considered as a sample, women who have been victims of violence within the intrafamily context (domestic or partner violence), where 2 instruments were applied that measures the emotional dependence (IDE) created in Peru and another of domestic violence with its dimensions psychological, physical and sexual abuse created by the researcher himself, obtaining as results that the highest percentage of respondents present emotional dependence at a high level 39.3% and 20.5% present emotional dependence at a moderate level, rates that are high. To corroborate and contrast the study hypothesis, it was verified with the Spearman correlation coefficient, where it is concluded that emotional dependence is related to intrafamily violence. These study variables are positively related to each other to a moderate degree (r = 0.560). In other words, it is established that emotional dependence is related to domestic violence in women between 25 and 45 years old. Likewise, it was found that emotional dependence is related to the dimensions of psychological abuse, physical violence and sexual violence, since they presented a significance of less than 5% (p <0.05). Finally, the recommendations of the case are provided, such as: Promotion, prevention and intervention, in order to reduce or eliminate this social problem of family violence and avoid some type of femicide.
Acceso abierto
Distorsiones cognitivas y conducta agresiva en presuntos autores de agresión sexual en una Institución Pública del Estado, Lima 2023
(Universidad Privada Norbert Wiener, 2023-09-29) Soto Santivañez, Milagros Yulisa; Casana Jara, Kelly Milagritos
There are studies that indicate that sexual offenders present many cognitive distortions, including erroneous beliefs and attitudes, the purpose is to show how cognitive distortions are linked to aggressive behavior, which are involved in sexual aggression, allowing us to prevent, avoid and predict this crime. Objective: To determine the relationship between cognitive distortions and aggressive behaviors of alleged sexual aggressors in a public institution of the State of Lima, 2023. Materials and methods: It has a non-experimental design of correlational level, deductive method of applied research type, quantitative approach, descriptive correlational design. The Cognitive Distortions Scale - EDC instrument was applied, created by the authors are Abel, Gore, Holland, Camp, Becker & Rathner in 1989, adapted in 2016 by Cepeda, Zulma; Ruiz, José in Colombia, which consists of 29 items; with a Crombach's Alpha coefficient of 0.783 and the AQ Aggression Questionnaire created by Buss and Perry in 1992; which contains 29 items, adapted in Spain by Rodríguez et al, Buss and Perry's Aggression Questionnaire adapted to Peru by Matalinares, et al., 2012, obtained an alpha of 0.83 in the reliabilities. Results: In the variable cognitive distortions with 74.07 % is at a high level and aggressive behaviors with 90.12 % are at a high level, also the correlation between cognitive distortions and aggressive behaviors according to Spearman's Rho correlation coefficient is 0.351, which indicates that it is positive. Conclusions: The research shows us that there are significant levels of cognitive distortions that originate a high level of aggressive behaviors.
Acceso abierto
Eficacia del antígeno prostático específico y la fosfatasa ácida en la detección de fluido seminal en prendas de vestir pertenecientes a mujeres víctimas de violación sexual en la División Médico Legal II Lima - norte, año 2017 – 2018
(Universidad Privada Norbert Wiener, 2019-11-16) Márquez Guzmán, Christian Jesús; Quiroz Mejía, Jesús Miguel
An investigation was carried out using the prostate specific antigen (PSA) and acid phosphatase (FA) test, with the aim of determining its effectiveness in relation to the detection of seminal fluid in clothing, also the search for sperm was performed by microscopic observation (MC) as a confirmatory test for the detection of this type of fluid; 129 clothing items such as tricks, pants and shorts, belonging to women victims of rape were analyzed according to legal medical examination. The reliable presence of seminal fluid was detected in 90 garments (70%) checked by the positive results to the MC; seminal components such as: PSA in 94 garments (73%), FA in 88 garments (65%); in 39 samples (30%) the presence of seminal fluid was not detected; the integral analysis of the data obtained revealed 4 types of associations of results with variations of positivity and negativity of the tests, being 82 (64%) the I (PSA +, FA +, MC +), 2 (1.5%) the II (PSA +, FA -, MC -), 8 (6%) the III (PSA +, FA -, MC +) and 2 (1.5%) the IV (PSA +, FA+, MC -). The statistical analysis applied to the results reflected a well-marked positive correlation in relation to the results obtained by the PSA and MC association with a statistical value p0.05 and a Spearman correlation index (rho) of 0.9270 closer to 1, in comparison to the one obtained by the FA and MC test that showed a value (rho) of 0.8286, statistically determining a greater association and interdependence relationship between the results of the PSA and MC tests; 100% efficacy was also determined in terms of the detection of seminal fluid in garments by using the PSA test in relation to 91% effectiveness of the FA test, corroborated by the positive microscopy results.
Acceso abierto
Evaluación pericial en cámara gesell y prisiones preventivas erróneas en personas acusadas de abuso sexual, Ica 2021- 2022
(Universidad Privada Norbert Wiener, 2022-09-16) Dávila Valenzuela, Alfonso Julián; Montellanos Cabrera, Henry Sam
The objective of this study was to determine the relationship between the certainty of the expert evaluation in Gesell chamber and erroneous pretrial detention in persons accused of sexual abuse, Ica 2021-2022. This study was of basic type, qualitative approach and phenomenological design. It consisted of 24 specialized professionals, including psychologists, judges and criminal prosecutors. An in-depth interview was used as a technique and an interview form as an instrument. As results, for the category expert evaluation in gesell chamber the domain with the highest level of rooting is evaluator, according to the correspondence and citation of the interviewees' answers, and for the category erroneous pretrial detention, review and analysis of the procedure and files was the domain with the highest level of rooting. It is concluded that the expert evaluation in the gesell chamber is one of the elements of conviction for the determination of pretrial detention, but it is not a determinant to dictate such measure, besides, for such determination there is a prosecutor's folder containing all the documentation and evidence, which allows the judge to make a decision, however, what may occur in some cases is a bad practice during the interview in the gesell chamber.
Acceso abierto
Factores de riesgo de la evidencia biológica y su relación con la responsabilidad penal en delitos de violencia sexual Ica, 2023
(Universidad Privada Norbert Wiener, 2024-09-27) Saldivar Lovera, Marisol Atenea; Casana Jara, Kelly Milagritos
La violencia sexual es un problema que afecta en mayor porcentaje a mujeres, estos abusos empiezan desde la infancia. Debido a la carente la investigación sobre este tema en nuestro país aún se perpetúan obstáculos significativos, factores que son determinantes en el esclarecimiento de los casos tal como son las evidencias biológicas que muchas veces se vuelven insuficientes en los juicios debido a factores que pueden disminuir la cantidad de muestras. La presente investigación es de tipo básica, nivel correlacional y diseño no experimental busca determinar la relación entre los factores de riesgo de la evidencia biológica con la responsabilidad penal en casos de delitos de violencia sexual en Ica. La muestra de estudio incluyo 166 abogados a quienes se les aplicó un cuestionario, estuvo conformada por 24 preguntas dicotómicas. Entre los resultados destacamos que los factores de riego de perdida de indicios biológicos como en el acto de ducharse representan un 92.2% y posibles pérdidas de muestra biológicas por atención hospitalaria en un 61.4%. El 96,4% destaca el tiempo transcurrido desde la agresión hasta la toma de muestra como un riesgo. Los resultados mostraron relación mediante el estadístico χ2-cuadrado con un valor muestral de 36,632, lo cual concluye que existe una relación significativa entre los factores de riesgo de la evidencia biológica con la responsabilidad penal en casos de delitos de violencia sexual Ica.
Acceso abierto
Formación profesional y peritaje forense de violencia sexual en posgrado de psicología de la Universidad Nacional Mayor de San Marcos, 2020
(Universidad Privada Norbert Wiener, 2020-12-10) Chuquizutta Benavides, Karina Veronica; Raffo Ibarra, Guillermo Alejandro
The objective of the investigation was to determine the relationship of professional training in forensic expertise of sexual violence postgraduate degree in psychologi from the Universidad Nacional Mayor de San Marcos, 2020. Regarding the methodology, the study was quantitative, non-experimental, crosssectional and correlational. Likewise, the census-type sample made up of the entire population, that is, 20 forensic psychologists attending a postgraduate course at the Universidad Nacional Mayor de San Marcos, a survey made up of two questionnaires was used to collect the information and to respond to the Objectives and hypotheses, Spearman's Rho correlation statistic was used. The results showed that the average age of the forensic psychologists was 43.4 ± 11.5 years, 40% were over 45 years old, 65% were women and 45% had a working time of 6 to 15 years. It was also observed that 55% of the participants had a regular professional training level and 45% carried out a medium-level forensic expertise. Likewise, there is a significant positive relationship between professional training and forensic expertise in cases of sexual violence (p = 0.006, Rho = 0.591). In addition, the relationship between vocational training and the general training dimension (p = 0.005, Rho = 0.597), with the specialization dimension (p = 0.037, Rho = 0.469) and with the professional practice dimension (p = 0.004, Rho = 0.618). In conclusion, professional training is positively related to forensic expertise of sexual violence in psychologi from the Universidad Nacional Mayor de San Marcos, 2020.
Acceso abierto
Lesiones traumáticas externas recientes y su relación con las víctimas de delitos contra la libertad sexual positiva. Piura 2016-2017
(Universidad Privada Norbert Wiener, 2019-03-27) Salazar Panta, Walter Felix; Guerrero Cruz, Jose Carlos; Rodriguez Regalado, Pablo Alfonso
The objective of the research was to determine how recent external traumatic injuries influence victims of crimes against sexual freedom in the Legal Medical Division II of Piura. Regarding the methodology, the type of research with a quantitative approach and a descriptive level, and its design was correlational. The population was formed by all the legal medical examinations (RML) of those users who went to the Legal Medical Division II - Piura, obtaining a sample of 36 RML where the crime against sexual freedom is recorded. The data was analyzed with the IBM SPSS Statistics 23.0 statistic. The results indicated that 66.7% (n = 24) presented recent external traumatic lesions; being the extragenital 50.0% (n = 12) those of greater presentation; followed by the genitals 33.3% (n = 08) and the paragenital ones 16.7% (n = 06). The conclusions stated that recent external traumatic injuries are not related to victims of crimes against positive sexual freedom.
Acceso abierto
Nuevas tendencias de uso de sustancias toxicológicas en delitos de violencias sexual a mujeres adultas en Lima, 2024
(Universidad Privada Norbert Wiener, 2024-08-27) Cruz Lopez, Karina Lizbeth; Montellanos Cabrera, Henry Sam
The purpose of the study was to establish the appraisals of the experts on the new trends in the use of toxicological substances in crimes of sexual violence against adult women in Lima, 2024. The approach was qualitative, with inductive method, it has a phenomenological and hermeneutic design, the sample was 10 experts in the area of Forensic Toxicology, a semi structured interview of 13 questions was applied, the information was processed in the Atlas ti 24 software. The results according to the category of regulated drugs were that benzodiazepines stand out, the acquisition of which is facilitated by the lack of control by the authorities, sociocultural, political and economic factors. With respect to new psychoactive substances, four were studied; Burundanga, Propofol, Muscle Relaxants, and Xylazine in which it was evidenced that these drugs have characteristics that are easily accessible and available because they are drugs for therapeutic, vegetable and veterinary use, have a fast metabolism, easy to mask and difficult to identify, also more emerging drugs were evidenced in this crime such as Tusi (pink drug), ketamine, hypoglycemic, antihistamines and fentanyl causing chemical submission. In the category of crimes of sexual violence, limitations were identified in terms of human resources, infrastructure, equipment and workload, in order to implement a new toxicological protocol. It was concluded that the new toxicological substances should be implemented in toxicological screening for crimes of sexual violence, as long as the identified limitations are improved, which will be additional evidence to clarify the facts.
Acceso abierto
Pericias toxicológicas en delitos de violencia sexual en una entidad pública-Lima 2022: estudio cualitativo
(Universidad Privada Norbert Wiener, 2023-08-11) Perez Vidalon, Katy Olga; Neyra Rivera, Carlos David
The purpose of the study was to analyze the perceptions of the experts on compliance with the toxicological expert procedures in crimes of sexual violence in a public entity - Lima 2022. The approach was qualitative, inductive method, phenomenological design; the sample consisted of 10 experts. From the area of toxicology, a semi-structured interview with 11 questions was applied; the analysis of the information was carried out by triangulation and hermeneutic analysis applying ATLAS. Ti 9. The results indicated that in the types of expertise, three significant aspects were found, improvements, determinants and the factors involved, highlighting time as an essential element, depression of the central system and substance use. The role of the expert turned out to be complex, focusing the responsibility on the preparation of reports based on the information, he receives and with the purpose of administering justice, preparation for oral trials, errors were evidenced by the police units. It was concluded that the expert procedures are fulfilled, the quantitative analysis, ethyl dosage is implemented more frequently; however, there are some limitations such as input, equipment and logistics, typing error, lack of personnel, technical report as a guarantee of information and justice, the sampling process.
Acceso abierto
El peritaje psicológico y las sentencias condenatorias de violación sexual en menores en el distrito judicial de Cañete 2019-2021
(Universidad Privada Norbert Wiener, 2022-11-30) García Huanca, Luis Enrique; Neyra Rivera, Carlos David
The objective of this thesis is to determine the relationship that exists between the Psychological Expertise and the Convictions in minors aggrieved in the crimes of Sexual Rape in the Superior Court of Cañete between the years 2019-2021 and deals with the assessment of the Psychological Expertise in convictions of Sexual Violation of Minors in accordance with the provisions of Article 393, second paragraph of the Code of Criminal Procedure. The research approach is quantitative. They are subjected to a statistical analysis, being the type applied, an ex post facto design is also established. The population is 80 judicial files having a census sample, the technique used is the observation of documents, the instruments are also used as a record of data collection of judicial decisions, the processing and analysis is materialized through descriptive and inferential statistics. . At the end of the investigation, it was possible to confirm our hypotheses, successfully determining that the Psychological Expertise has a positive correlation in the assessment with the criminal convictions in the crimes of Sexual Rape of Minors in the Superior Court of Justice of Cañete in the years 2019-2021 , therefore it is inferred that the Psychological Expertise in its assessment allowed materializing the Convicting Sentences of the convicted defendants.
Acceso abierto
Procesamiento de la escena del crimen y su relación con la calidad de la investigación en delitos sexuales del Distrito Fiscal de Cajamarca, 2022
(Universidad Privada Norbert Wiener, 2024-02-16) Melgar Zafra, Michelle Sthefany; Jáuregui Montero, José Antonio
The purpose of this investigation was to determine to what extent the processing of the crime scene is related to the quality of the investigation in sexual crimes Fiscal District of Cajamarca, 2022. The quantitative approach was used, the type of research is applied. non-experimental design, the survey and two questionnaires developed by the researcher were used as instruments, the population was 70 prosecutors and 10 forensic doctors from the City of Cajamarca, the reliability of the instruments in terms of the independent variable was found to have a value of 0.80 and with respect to the dependent variable, a value of 0.824 was obtained, thus showing that there is a high level of reliability in the research results found, allowing us to observe that the processing of the crime scene is related to the quality of investigation into sexual crimes. Consequently, if the crime scene is damaged, the investigation of justice operators has limits due to lack of evidence, not having impartial results. Therefore, it is recommended that crime scene processing professionals work in groups to create prompt and timely strategies for crime scene processing, which will allow them to be developed in an effective, efficient and quality manner. It concludes that the processing of the crime scene is related to the quality of the investigation in sexual crimes, so there is a considerable relationship.
Acceso abierto
El procesamiento de los elementos materia de prueba en delitos contra la libertad sexual, en la oficina de criminalística de Chiclayo de la Policía Nacional del Perú, 2024
(Universidad Privada Norbert Wiener, 2024-10-18) Díaz Velásquez, Sharon; Jáuregui Montero, José Antonio
The purpose of the study was to evaluate the processing of elements of evidence in crimes against sexual freedom in the Chiclayo criminalistics office of the national police of Peru 2024. The approach was qualitative, inductive method, phenomenological design, the sample was made up of by 12 experts from the area of forensic biology and crime scene, a semi-structured interview with 31 questions was applied, the analysis of the information was carried out by triangulation and hermeneutical analysis applying the ATLAS program. Ti 9, obtaining a total of 63 codes, 146 citations and 6 networks considering the categories and subcategories. The results showed that there is a lack of uniformity in the use of chain of custody formats, lack of infrastructure for the storage of elements of evidence, also the delivery of personal protection supplies is deficient, in addition to there being a lack of training of periodically. It was concluded that the processing of evidence in crimes against sexual freedom is complied with, however, there are some deficiencies such as supplies, equipment and logistics, infrastructure, biosafety and training. Likewise, the existence of these deficiencies can affect the processing of the elements of evidence and trigger problems in the investigation, which would generate acquittals of guilt, in addition to a criminal process that does not comply with current criminal regulations and the regulations that are established. by our legal system in crimes against sexual freedom, in turn it is concluded that in crimes against sexual freedom there are several difficulties for the processing of the elements of evidence and that good organization, academic training and expertise of the expert are needed. to carry out the procedure efficiently, finally the lack of management for the constant provision of inputs and updating in the academic training of the experts by the institution was also evident.
Acceso abierto
El tiempo como factor determinante para establecer la presencia de restos de espermatozoides humanos en muestras biológicas en la dirección de criminalística PNP Lima 2017-2020
(Universidad Privada Norbert Wiener, 2022-03-23) Delgado Arriola, Diana Patricia; Casana Jara, Kelly Milagritos
At present, the crime against sexual freedom (rape) has been on the increase at the national level, so it is important to know and take into account that the sample or indication and/or evidence must be sent as soon as possible. The present research work entitled "Time as a determining factor to establish the presence of remains of Human Sperm in Biological samples in the Criminalistics Directorate PNP Lima 2017-2020", was carried out with the purpose of determining if time has an influence on the presence or absence of traces of human spermatozoa in the different types of absorbent support, such as preputial, vaginal and anal genital swabs, intimate garments (shorts and/or underpants) and clothing (trousers, blouse, shorts, polo shirts, bags, jackets, stockings), sheets, towels, toilet paper, rugs, bedspreads, non-absorbent supports, condoms, shoes, keys, glasses, flooring, the result of which was demonstrated with the certainty test (microscopic observation), applying the protocols of the Biology Laboratory Forensic – DIVLACRI – DIRCRI PNP. As a result of the analysis, it was obtained that time is not a determining factor in the presence of human sperm remains, however, it is important to mention that the type of support (absorbent) is the one that best preserves the presence of human sperm remains. Spermatozoa, as well as the adequate conservation and adequate sending of the sample to be analyzed.
Acceso abierto
Tiempo de persistencia y la investigación del semen en casos de presuntos delitos sexuales de Lima. 2023
(Universidad Privada Norbert Wiener, 2025-11-03) Espinoza Hijar, Cinthia Evelyn; Montellanos Cabrera, Henry Sam
The objective of this research is to measure how long the search for semen is prolonged in cases of possible sexual crimes, 2023. The sample consists of 100 vaginal and perianal swabs from alleged victims of sexual assault in Lima. The methodology adopted was observation, and a data collection sheet or checklist was used, within the framework of a non-experimental, quantitative research study. From the findings, it is observed that the persistence time in cases of alleged sexual assault crimes in 2023 is directly related to the investigation of semen, evidenced by a Spearman correlation coefficient of 0.753, which suggests a high correlation between the variables. Given that the p-value is 0.000 (less than 0.05), it is considered significant. Therefore, the null hypothesis is rejected, accepting the alternative hypothesis, concluding that the persistence time has a significant impact on the investigation of semen in cases of alleged sexual crimes in Lima, 2023. In addition, it is observed that, as time passes from the incident to sample processing, the presence of sperm and prostate-specific antigen (PSA) decreases.

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Examinando Maestría en Ciencia Criminalística por Materia "Abuso sexual"