Bibliographic citations
Villanueva, M., (2024). Inobservancia del principio de imputación necesaria en los casos de delitos de robo en la Corte Suprema de Justicia del Perú [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/39732
Villanueva, M., Inobservancia del principio de imputación necesaria en los casos de delitos de robo en la Corte Suprema de Justicia del Perú [Tesis]. PE: Universidad Privada del Norte; 2024. https://hdl.handle.net/11537/39732
@misc{renati/1676120,
title = "Inobservancia del principio de imputación necesaria en los casos de delitos de robo en la Corte Suprema de Justicia del Perú",
author = "Villanueva Portilla, Melanie Violeta",
publisher = "Universidad Privada del Norte",
year = "2024"
}
The objective of the investigation was to know the consequences that are generated by the non-observance of the principle of necessary imputation in the crime of theft by the Supreme Court of Justice of Peru, during the period 2021 - 2024. The methodology applied was of a dogmatic-legal nature, with a basic purpose and a qualitative approach. The design was non-experimental and transversal, with a descriptive level. The sample was made up of sentences issued by the CSJ, as well as specialists in criminal law and criminal procedure with a master's degree or doctorate in law. As results, we obtained that the legal operators, especially those in charge of the criminal action, still present deficiencies in the factual formulation of the accusatory requirement, which has caused the sentences issued by the Criminal Chamber to be declared null, which in turn It has once been necessary for the criminal process to be reversed and as a consequence of this, in a certain way, a climate of defenselessness is generated for the accused. It was concluded that the consequences generated by the non-observance of this principle were the annulment of the sentences and the need to hold a new oral trial, as evidenced in the sample analyzed in section 3.2 of this thesis. Likewise, it generates extra costs for the State, with expenses that range between 1,000 and 20,000 thousand soles per trial and in some cases, turn out to be incalculable, according to the opinions of the Prosecutors, Criminal Judges and lawyers who are experts in criminal matters, who were consulted for this study.
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