Maestría en Derecho Penal
URI permanente para esta colecciónhttps://hdl.handle.net/20.500.13053/371
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Publicación Acceso abierto Nivel de prevención ante el delito de extorsión y la seguridad ciudadana en el distrito fiscal de Lima 2016(Universidad Privada Norbert Wiener, 2019-12-17) Giudiche Tamayo, Perla Aurora; Huaman Ruiz, Lesvy; Puente Saldaña, Rosa ErnestinaCitizen security consists in the protection of a basic core of rights, including the right to life, respect for the physical and material integrity of the person, and their right to a dignified life United Nations Development Program (2013) From 2011 to 2015, insecurity and crime continue to be perceived by Peruvian citizens as one of the most important problems in the country, as they continue to see various opinion polls. The Lima How We Go 2016 survey shows that 61,3% of the population of Metropolitan Lima considers insecurity as the main problem that affects their quality of life. Lima How We Go (2015) The objective of this research was to evaluate the level of prevention of the crime of extortion and its influence on citizen security in the city of Lima - 2016. The research is of applied type, evaluative level and the design is non-experimental since it is not They manipulated the study variables. The population was made up of magistrates and citizens, the sample was represented by 31 Criminal Judges, 19 Criminal Prosecutors and J31 lawyers especializing in Criminal of the Judicial District of Lima; the applied technique was the survey and the instrument the questionnaire. As a result of the research in the statistical calculation of Chi Cuadrado, the scientific validity of the hypothesis was demonstrated: The level of prevention against the crime of extortion significantly influences citizen security in the city of Lima.Publicación Acceso abierto Propuesta de modificatoria en el artículo 469° (conexidad) en la aplicación de la terminación anticipada en el delito de cohecho y la eficacia en los procesos de los juzgados penales en el Perú(Universidad Privada Norbert Wiener, 2018-12-21) Ramírez Pastor, Ysela; Raffo Ibarra, Guillermo AlejandroThe process of early termination is a form of procedural simplification that is based on a criminal transaction and consists of the agreement between the defendant and the prosecutor, according to the protocol of early termination is intended to strengthen the performance of justice operators in the application of the special process of Advanced Termination. The present investigation focuses on article 469 with respect to the process with plurality of punishable and imputed facts regarding the connection, in this context the objective of the investigation is to evaluate the proposed modification in the application of the early termination in the crimes against the public administration and its relation with the effectiveness in the processes of the Courts. The research corresponds to the applied type and its design is non-experimental, the population was represented by professionals in Criminal Law Carlos Zavala Loayza headquarters and the sample was represented by 40 people. The technique used was the survey and the instruments were the questionnaires. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study. As a conclusion, the general percentage indicates that the proposed modification in the application of early termination in crimes against public administration, considering the indicator: suppression of the connection of the criminal type, is almost always 89.00% in relation to the effectiveness in the trial.Publicación Acceso abierto Aplicación del agravante: reincidencia en el delito de robo agravado y el nivel de seguridad ciudadana en el distrito El Agustino(Universidad Privada Norbert Wiener, 2018-12-21) Alvarez Pelaez, Waldo Cheyenne; Camarena Aliaga, Gerson WilfredoEvery day we are spectators of the increase in crime in our country. The population perceives that there is impunity for the aggressors and they feel insecure and live in distress even when they are in their homes. Through the years a kindness has been demonstrated or it has not been considered a drastic measure for those who served a sentence and, nevertheless, return to commit a crime, for this situation it is necessary to incorporate in the processes the recidivism in the crime of theft aggravated in order to guarantee respect and tranquility to the population. Obviously without ignoring their fundamental rights. The objective of the investigation was to establish the degree of influence of the application of the aggravating circumstance: recidivism in the crime of aggravated robbery in the level of citizen security in the district of El Agustino. The population was conformed by the professional lawyers of the specialty of criminal law and citizens of the district of El Agustino. The sample was represented by 45 people: 10 lawyers in criminal law and 35 citizens, The techniques used were the survey and the interview, as an instrument: the questionnaire. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.Publicación Acceso abierto El proceso inmediato en el delito de conduccion en estado de ebriedad y la eficacia en la disminucion de la carga procesal en el distrito de Santa Anita(Universidad Privada Norbert Wiener, 2018-12-21) Saenz Alarcón, Gino Rafael; Camarena Aliaga, Gerson WilfredoIn our country it is common to hear and observe the incessant demand for undue delays by the administration of justice. The procedural overload is a central and asphyxiating aspect for the judicial system. In an article by Gutierrez, W. (2015) tells us that by the end of that year, the three million files had already been exceeded and that a civil trial exceeds an average of five years. It also describes that one of the causes of this result is having a budget structure that is only 3% of allocation, with this budget for an institution, public or private, it is simply unfeasible. Currently it is stated that the budget is still very small and not enough to cover the priority needs, for example: there is a procedural burden for this year 2018, two million 516 files and only one million 375 thousand can be attended, which means that more than one million will be left unattended. Faced with this situation, mechanisms are being applied to make the process possible in the shortest time, one of which is the immediate process. The purpose of the investigation was to determine that the immediate process in the offense of driving while intoxicated is related to the effectiveness in reducing the procedural burden in the district of Santa Anita. The study is of an applied type, with a non-experimental design, the population was made up of criminal law lawyers, the sample was represented 49 and the technique used was the survey with the questionnaire as an instrument. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.Publicación Acceso abierto Cumplimiento del principio de igualdad ante la ley y la efectividad en la sanción a los jueces supremos titulares de la Corte Suprema del Perú(Universidad Privada Norbert Wiener, 2018-12-21) Donayre Muñoz, Milagros Roxana; Raffo Ibarra, Guillermo AlejandroAddressing the issue of equality before the law means that all human beings have equal rights, the same consideration and respect on the part of the State, that we can and have the freedom to make our own decisions regarding studies, work, to have the same opportunities and responsibilities. In almost all the constitutions of the countries of America, equality is explicitly stated, without discrimination of race, religion, sex and others. In the same way, it is enshrined in the International Declaration of Human Rights and the American Convention The objective of the investigation was to establish the level of relationship between compliance with the principle of equality before the law and the effective sanction of the supreme judges of the Supreme Court of Peru. The study corresponds to the applied type and non-experimental design, the population was represented by lawyers who have a judicial process in the Supreme Court. The sample consisted of 35 lawyers. The technique used was the survey and the instruments were the questionnaires. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.Publicación Acceso abierto Factores socieconómicos y su relación con los elitos conyra los derechos de autor según la legislacion peruana(Universidad Privada Norbert Wiener, 2018-12-21) Narváez Gamarra, Gisella Mabell; Raffo Ibarra, Guillermo AlejandroIn article N ° 3, Title I of the Object of Copyright, Legislative Decree N ° 822, Law on copyright states that: The protection of copyright falls on all works of the genius, in the literary field or artistic, whatever its gender, form of expression, merit or purpose. The rights recognized in this law are independent of the ownership of the material object in which the work is incorporated, and its enjoyment or exercise are not subject to the requirement of registration or the fulfillment of any other formality. With this legal framework protection of copyright is provided. In our country not all the population knows the scope of this Law and, it is the argument that helped to develop the present investigation with the aim of establishing the level of relationship between the socioeconomic factors with the crime against copyright. The study is of applied type and its design is nonexperimental, the population was represented by the inhabitants of the Jaime Zubieta Calderón Human Settlement in the district of San Juan de Lurigancho and the sample was represented by 80 people. The technique used was the survey and the instruments were the questionnaires. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.Publicación Acceso abierto La responsabilidad de los accionistas en el cumplimiento de la sanción penal impuesta a la sociedad anónima cerrada(Universidad Privada Norbert Wiener, 2018-12-21) Romero Aquino, Oscar Martin; Raffo Ibarra, Guillermo AlejandroIf we take into account what Abanto, M (2009) writes about the progress that has been made in the field of criminal liability of legal persons "if you look carefully, the traditional arguments against this criminal responsibility could not be distorted from the perspective of penal dogmatics; and this for a simple reason: not only the capacity for guilt but also all criminal categories have been constructed by and for individual activity. The criminal imputation continues referring to natural persons, although it takes for it, as reference, the operation of the business organizations (domain of the organization). it must be recognized that criminal imputation would not be possible for the employer where duty is excluded because there has been a delegation of duty". The objective of the present investigation was to establish the criminal liability of the partners and their relationship with compliance with the criminal sanction imposed on the legal entity. The study corresponds to the applied type and non-experimental design, the population was represented by professionals in criminal law and the sample was formed by 40 lawyers. The technique used was the survey and the instruments were the questionnaires. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.Publicación Acceso abierto Propuesta de accesibilidad al secreto bancario en las investigaciones de la unidad de inteligencia financiera para la prevención de lavado de activos en el Perú - 2018(Universidad Privada Norbert Wiener, 2018-12-21) Valverde Rojas, José Rodolfo; Raffo Ibarra, Guillermo AlejandroThe control systems for money laundering today have a relevance to discover illicit operations, their timely detection is due to the contributions that are made as a result of the investigations of the responsible Units with reports and information made by the financial entities evidencing the relevance to prevent financial crime. The objective of the study was to evaluate the proposal of accessibility to bank secrecy in the investigations of the Financial Intelligence Unit and its relation with the prevention of money laundering in Peru - 2018. The type of research is applied and its design is not experimental, the population was represented by the executives of the Financial Intelligence Unit and the lawyers of the specialty in criminal law, with respect to the sample, casual sampling was selected, also called sampling for accessibility (not probabilistic) represented by 40 people: 10 executives of the Financial Intelligence Unit and 30 lawyers. The technique used was the survey and the instruments were the questionnaires. The Spearman correlation coefficient test was applied to corroborate the hypotheses of the study.Publicación Acceso abierto Causas que relacionan la violacion sexual en menores de edad con sentencias penales en Juzgado Penal de Puente Piedra, 2015(Universidad Privada Norbert Wiener, 2018-11-06) Casafranca Loayza, Yemira; Fox Cortez, Julio AlonsoThe present investigation has as objective to establish the relation that exists between the causes that relate the sexual violation in minors with penal judgments in penal court of Puente Piedra, 2015 The type of research is basic and the design is descriptive correlational. The population is of 03 magistrates of the Criminal Court of Puente Piedra-Lima, considering a nonprobabilistic sample of census type, intentional where the researcher deliberately chose the sampling points. The reliability of the instruments for the independent variable gave a coefficient of Cronbach's Alpha of 0.862 and for the dependent variable 0.861, which determines that the measuring instrument is of internal consistency with a high tendency. According to the hypothesis test, Kendall's Tau b correlation coefficient (Tb = 1000) indicates that there is a significant relationship between the variables of the investigation. Likewise, it is important to specify, according to the results obtained, that both the endogenous and exogenous factors, sexual abuse in minors is one of the factors with the worst repercussions in most of the abusers is to get the child's confidence to initiate a very close contact. personal until the minor's sexual access.Publicación Acceso abierto Influencia de la investigación forense en la escena del crimen y su aplicación por los peritos de la Policía Nacional del Perú, según el nuevo codigo procesal penal en la jurisdicción del Cercado del Lima, 2015(Universidad Privada Norbert Wiener, 2018-11-06) Juscamaita López, Juan; Fox Cortez, Julio AlonsoThe main objective of the present investigation is to determine if the forensic investigation at the crime scene influences the application by the experts of the national police of Peru according to the new criminal procedure code in the jurisdiction of the Lima fencing, 2015. The type of research is basic and the design is descriptive with correlational method. The population is 30 criminalistics experts of the national police, considering a nonprobabilistic sample of census type, intentional where the researcher deliberately chose the sampling points. The reliability of the instruments for the independent variable showed a coefficient of Cronbach's alpha of 0.882 and for the dependent variable 0.883, which determined that the measuring instrument was of internal consistency with a high tendency. According to the hypothesis test, the correlation coefficient Tau b of Kendall (Tb = 0.956) indicates that there is a significant relationship between the variables of the investigation. Likewise, it is important to specify, in accordance with the results obtained, that both human and technological factors, represented by the latest generation of forensic equipment, facilitate the work of the crime expert of the National Police of the Cercado de Lima, in their work to support the work of criminal investigation in the crime scene in a timely and efficient manner.Publicación Acceso abierto Necesidad jurídica de la responsabilidad penal restringida en adolescentes y la prevención para facilitar el delito de sicariato en el Perú, 2017(Universidad Privada Norbert Wiener, 2018-06-27) Castillo Sinarahua, Luis Enrique; Puente Saldaña, Rosa ErnestinaThe sicariato is a crime of ferocity, because it is killed by order in exchange for money or perks; Either for revenge, for spite, for political reasons or to punish those who have not been allowed to extort. It is a serious social problem that is becoming frequent at any time and place, with an author who proceeds with astonishing coldness in the conviction of his impunity, that the legal system will not reach it, and most worrying is that a large percentage of its executors are minors who have a restricted legal responsibility (Chiabra, 2014). The objective of the present investigation was to evaluate the legal necessity of criminal responsibility restricted to adolescents and its relation to prevention to facilitate the crime of hired killers in Peru. The research is of applied type, evaluative level and non-experimental design. The population was represented by citizens and lawyers of civil specialty and the sample by 100 citizens. The technique used was the survey and the instruments, the questionnaires. In conclusion, the study verified that there is a legal need for criminal liability restricted to adolescents and thus prevent the facilitation of the crime of hired killers in Peru.Publicación Acceso abierto Nivel de control y la prevención del delito de falsificación de marcas en prendas de vestir en el Centro Comercial Gamarra. La Victoria – Perú(Universidad Privada Norbert Wiener, 2018-02-07) Bohorquez Flores, Richar Ivan; Puente Saldaña, Rosa ErnestinaIt is indisputable that the practice of trademark counterfeiting generates numerous damages to the owner and obviously to the brand itself. The present investigation has considered the level of control as a core aspect to prevent these cases. Counterfeiting is considered an illegal practice where it damages the right of exclusivity of the owner who has a trademark registration; therefore, the government has to assure the owner of the protection and its exclusive use in our country. The objective of the study was to evaluate the level of control and its relationship with the prevention of the crime of trademark counterfeiting in garments in the Gamarra shopping center. La Victoria - Peru. The present investigation is of the applied type, according to the nature of the object of study, the research is framed in the evaluative level, supported by a descriptive field research; the study responds to a non-experimental design because these studies were conducted without the manipulation of variables. Likewise, the population was made up of garment companies in the Gamarra shopping center. La Victoria - Peru and the sample is not probabilistic for convenience made up of 30 clothing vendors in the Gamarra shopping center. The techniques to be used for the present study are the observation and the survey, the instrument is the questionnaire and the analysis sheet.Publicación Acceso abierto Debido proceso y autonomía del delito de lavado de activos en el decreto legistativo Nº 1249 en las sentencias de los jueces del Poder Judicial(Universidad Privada Norbert Wiener, 2017-12-05) Peña Mondragón, Marco Antonio; Fox Cortez, Julio AlonsoThe objective of the investigation was to determine how due process influences the autonomy of the crime of money laundering; using the scientific method as a general method, being of a basic type. The modality used in the investigation was the bibliographic and documentary review, which was done by collecting information from various sources such as: sentences, thesis and Internet information, having a descriptive level for it, because the research sought to determine that the autonomy of the crime of money laundering enshrined in Legislative Decree N° 1249, did not violate the fundamental rights that make up the guarantee of due process, such as the right of defense, right to proof and right to the presumption of innocence. In this regard, there is no need for the criminal activities that generated the illicit profits to have been discovered, investigated, prosecuted or sentenced so that the crime of money laundering is investigated, prosecuted and / or sanctioned; without this meaning or implying the violation of the fundamental rights that make up the guarantee of due process.