Bibliographic citations
Rabines, M., (2019). La prohibición de los beneficios penitenciarios en los delitos de criminalidad organizada y el derecho a la igualdad ante la ley [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/4709
Rabines, M., La prohibición de los beneficios penitenciarios en los delitos de criminalidad organizada y el derecho a la igualdad ante la ley [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2019. https://hdl.handle.net/20.500.12759/4709
@misc{renati/372230,
title = "La prohibición de los beneficios penitenciarios en los delitos de criminalidad organizada y el derecho a la igualdad ante la ley",
author = "Rabines Gómez, Mayra Lisset",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2019"
}
The general objective of this thesis report was to determine if the prohibition of prison benefits in organized crime crimes based on the theory of incentives violates the right to equality before the law. In the information gathering stage for the elaboration of the thematic dispersion of the chapters of the theoretical framework, the sources of consultation were used as books, journals, national and comparative legislation, jurisprudence, for which the data collection tool was used as a data collection tool registration and investigation files. Regarding the results of the research developed in the chapters of the theoretical framework, the constitutive elements of organized crime are its pyramidal organizational structure, its permanence, the lucrative purpose and it has been a matter of reproach in comparative law; the right to equality before the law transcends the autonomous because it affects other rights where unequal treatment falls, between its dimensions are identified equality in law, equality in the application of the law, formal equality, material equality, equality as a right and equality as a principle; its legal nature of penitentiary benefits is incentives or incentives as regulated by Article 165 of the Regulation of the Criminal Enforcement Code and Article 1 of Administrative Resolution No. 297- 2011-P-PJ. The main conclusion of the research work is that the prohibition of penitentiary benefits in the offenses of organized crime based on the theory of incentives if it violates the right to equality before the law, by constituting discriminatory norms prohibited by the Constitution and the instruments international agreements signed by the State, so it is recommended to assume the theory of penitentiary benefits as a subjective right of the prisoner as an expression of the right to equality before the law
Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.