Citas bibligráficas
Guevara, N., (2023). Beneficios penitenciarios y principio de discrecionalidad en los Juzgados Unipersonales de Tarapoto, 2019 – 2020 [Universidad Nacional de San Martín. Fondo Editorial]. http://hdl.handle.net/11458/5008
Guevara, N., Beneficios penitenciarios y principio de discrecionalidad en los Juzgados Unipersonales de Tarapoto, 2019 – 2020 []. PE: Universidad Nacional de San Martín. Fondo Editorial; 2023. http://hdl.handle.net/11458/5008
@misc{renati/1058325,
title = "Beneficios penitenciarios y principio de discrecionalidad en los Juzgados Unipersonales de Tarapoto, 2019 – 2020",
author = "Guevara Garate, Naomi del Carmen",
publisher = "Universidad Nacional de San Martín. Fondo Editorial",
year = "2023"
}
The general objective of this research was to determine how prison benefits are associated with the discretion criteria in the resolutions issued by the judges of the Unipersonal Courts of Tarapoto 2019-2020. The specific objectives of this study are to determine the penitentiary benefits in the resolutions issued by the judges of the Unipersonal Courts Tarapoto 2019 - 2020 and to determine the theoretical foundations of the discretion criteria in the resolutions issued by the judges of the Unipersonal Courts Tarapoto 2019 - 2020. The research was applied, with a qualitative approach based on grounded theory and hermeneutics. The study population and sample consisted of 54 files, where the resolutions were described and analyzed through a study of detailed files. To reinforce this, 9 interviews were conducted with judges and case specialists, where the techniques of documentary analysis guide and interviews were applied. The results shown by most of the experts interviewed indicate that there are cases in which arbitrariness is involved when the grounds for the decision are based on subjective criteria, appraisals and information. In addition, discretion not only corresponds to the judge's power to grant or deny a prison benefit, but also to the judge's discretion to grant or deny a prison benefit, rather, it means a duty to provide objective reasons why an inmate constitutes a danger to society if he or she is released from prison. On the other hand, in the analysis of the resolutions, it has been observed that all the applications comply with the requirements to access the type of benefits; however, not all the cases have been declared well-founded since the criterion of discretion applied by the judges has been applied to different cases. It is concluded that the judges did not limit themselves only to a document verification function, but rather, by virtue of Article 11.5 of Legislative Decree 1513, evaluated and assessed the degree of readaptation of the inmate in order to prevent him from reoffending.
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