Citas bibligráficas
Carlos, K., (2017). Criterios para cuantificar la reparación civil en el delito de violación sexual a menores de edad (propuesta legislativa) [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/3861
Carlos, K., Criterios para cuantificar la reparación civil en el delito de violación sexual a menores de edad (propuesta legislativa) [Tesis]. PE: Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/3861
@misc{renati/25153,
title = "Criterios para cuantificar la reparación civil en el delito de violación sexual a menores de edad (propuesta legislativa)",
author = "Carlos Yupanqui, Karen",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
The present research work begins with an objective fact that has both legal, dogmatic, and doctrinal nuances, when we refer to the regulation of criteria to quantify civil reparation in the crime of rape of minors. In this sense, the Peruvian state has enacted norms of constitutional rank and laws to regulate the behavior of people including criminal content and within these also have provided civil remedies to compensate financially the damage caused to the victims. In the experience of the undersigned having reviewed sentences of criminal records in this judicial district, as well as in publications (books, judgments on the Internet, national case law) we have found the surprise that the justice operators have fixed and has been setting ridiculous amounts for the concept of civil reparation to the aggrieved in the crimes against sexual freedom in its modality in violation of minors. In addition, in the revised judgments we have warned that there is no parameter for magistrates that can unify criteria for sentencing purposes and in them set civil compensation in amounts that can somehow reward the damage suffered by aggrieved children. In this sense, the present investigation intends to propose some criteria that should be taken into account by the judges in order to determine the amounts of civil compensation for crimes against sexual freedom in the form of rape of minors. This way the problem to investigate if there are reasons that justify a legislative proposal in order to establish criteria to quantify the civil compensation in the crime of rape of minors? As well as analyze how is regular civil reparation for crimes of rape in national and comparative legislation. For which we will conduct a qualitative-proactive investigation by reviewing the corresponding doctrine as well as conduct interviews and specialists in criminal matters and analysis of judgments issued by the Collegiate, reaching the conclusion that it is necessary to establish criteria to quantify the civil remedy every time that when carrying out the interview with criminal law specialists they point out that the criteria to be considered should be the emerging damage, moral damage, lost profits, life project and the principle of proportionality, likewise mention the economic capacity of the accused criterion that most experts do not share, since in order to determine the civil remedy, it must be based on the damage caused but not on the capacity of the accused, on the other hand, they indicate that the economic capacity to be able to comply with the reparation must be considered. civil, in the same way when analyzing 14 sentences for sexual violation l to minors it was concluded that the judges of the collegiate do not have unification of criteria all that in each sentence the basis was different and imposing amounts between S / 2000.00 soles up to S / 6000.00 soles. Reason why a legislative proposal is necessary to establish the specific criteria that the judges of the collegiate should take into account when establishing and determining the civil compensation in the crime of rape of minors according to the legislative initiative annexed to our investigation where it points out the foundations and advantages for which this proposal should be approved.
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