Bibliographic citations
Vera, J., (2024). La naturaleza jurídica de la Policía Nacional, su incidencia en la sujeción al Código Penal Militar en Perú, 2023 [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/17693
Vera, J., La naturaleza jurídica de la Policía Nacional, su incidencia en la sujeción al Código Penal Militar en Perú, 2023 [Tesis]. PE: Universidad Privada Antenor Orrego; 2024. https://hdl.handle.net/20.500.12759/17693
@misc{renati/373763,
title = "La naturaleza jurídica de la Policía Nacional, su incidencia en la sujeción al Código Penal Militar en Perú, 2023",
author = "Vera Melquiades, Junnior Anderson",
publisher = "Universidad Privada Antenor Orrego",
year = "2024"
}
The research conducted in this document, whose title is ““The legal nature of the National Police, its impact on the subjection to the Military Criminal Code in Peru, 2023““, aims to determine how the legal nature of the police affects the subjection of this institution to the military criminal law, based on the problem: How does the legal nature of the national police affect the subjection to the Police Military Criminal Code? The hypothetical answer is: ““the legal nature of the National Police has a negative impact on its subjection to the Police Military Criminal Code, since its content is evidently different from the legal nature of the military; consequently, the constitutional subjection of the police force to military justice becomes arbitrary““. Following a theoretical, relational, transversal and qualitative line, having as techniques the interview and the bibliographic analysis, consequently, the interview and bibliographic form were taken as instruments, respectively. In addition, the population was made up of judicial personnel (judge and secretary) and prosecutors (prosecutor and assistant prosecutor) from the private military and police jurisdiction, as well as lawyers from the legal area of the III Macro Police Region of La Libertad and technical defenders who litigate in that jurisdiction. As a result, the hypothetical thesis was proved, since the nature of the PNP has a negative impact on the subjection of this institution to the Military-Police Criminal Code, therefore, such provision is arbitrary. In addition, an analysis and distinction was made between the military and police functions, which is derived from the constitutional content assigned to each institution. In relation to the continued application of the military criminal law to the police force, it is concluded that, due to the nature and essence of the police institution, it is necessary to detach the PNP from the Military-Police Jurisdiction, due to the lack of harmony with its nature. Finally, the homologation of the PNP and the Armed Forces by subjecting them to the private jurisdiction makes it arbitrary to subject police conducts to military criminal law and the respective jurisdiction. Thus, it has been recommended that a Constitutional reform be carried out in order to make a distinction between the functional crime of the police and military bodies, as they are different. Likewise, the jurisdiction of the Police Military Criminal Court should be removed to prosecute crimes committed by police officers. Consequently, the condition of being a police officer should be included as an aggravating circumstance in the common criminal law and a specialized court should be created in the Judiciary for its respective processing
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