Bibliographic citations
Alburquerque, J., (2022). Factores que impiden la función resocializadora de la pena en el delito de violación sexual de menor de edad [Universidad Nacional de Trujillo]. https://hdl.handle.net/20.500.14414/20857
Alburquerque, J., Factores que impiden la función resocializadora de la pena en el delito de violación sexual de menor de edad []. PE: Universidad Nacional de Trujillo; 2022. https://hdl.handle.net/20.500.14414/20857
@mastersthesis{renati/1050876,
title = "Factores que impiden la función resocializadora de la pena en el delito de violación sexual de menor de edad",
author = "Alburquerque Sanstisteban, José Marco Tulio",
publisher = "Universidad Nacional de Trujillo",
year = "2022"
}
The purpose of this paper is to demonstrate what factors prevent the custodial sentence in those sentenced for the crime of rape of a minor from fulfilling its resocializing function. This was done through interviews with lawyers, psychologists and psychiatrists specialized in the field. Information from books and encyclopedias, as well as the use of web pages, etc. The results analyzed in the research were obtained from the analysis of the literature consulted and from interviews with specialists, who indicate that there are factors that prevent the custodial sentence from fulfilling its resocializing function. They are psychiatric, psychological, political and social factors. Although, the Political Constitution of the State, precepts in its art. 139° inc. 22. "The principle that the penitentiary system has as its object the re-education, rehabilitation and reintegration of the prisoner into society". (SNA, s.f.)That is to say, that the Penalty has a resocializing function; however, this function cannot materialize in the convict, due to psychiatric and psychological problems, which, together with a deficient policy of social reintegration, make it impossible to comply with the constitutional precept. Psychiatric and psychological disorders turn the person sentenced for rape into a potential repeat offender, and a social threat, causing the stigma of society to be maintained over time, nullifying the possibilities of resocialization of those convicted of this crime.
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