Bibliographic citations
Chapoñán, V., (2016). Las contradicciones del Artículo 48 del código de ejecución penal modificado por el artículo 5 de la ley 30076, sobre semilibertad para agentes primarios [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/1792
Chapoñán, V., Las contradicciones del Artículo 48 del código de ejecución penal modificado por el artículo 5 de la ley 30076, sobre semilibertad para agentes primarios [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2016. https://hdl.handle.net/20.500.12759/1792
@misc{renati/375862,
title = "Las contradicciones del Artículo 48 del código de ejecución penal modificado por el artículo 5 de la ley 30076, sobre semilibertad para agentes primarios",
author = "Chapoñán Jara, Verónica Margarita",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2016"
}
This research topic arises with the entry into force of the Law 30076 , which in Article 5 stipulates amend Articles 46, 47 , 48, 50 , 53 and 55 of the Code of Criminal Enforcement , creating a remarkable contradiction in Article 48 criminal code execution between his second and third paragraph. Article 48 of the Code of Criminal Procedure has undergone numerous changes over time, as the search for citizen security is inexhaustible, have joined many efforts to restore security which over the years has been lost , for which the legislator has tried to somehow be tougher sentencing and minimize access to the benefits given to the inmates of a prison due to fear that this subject again commit crimes. However over the years it has shown that tougher penalties, known as the overcriminalization of it, has not given the expected result, which is the reduction of crime, on the contrary it has been increasing day by day; rather the problem is the loss of values in the family and in society itself; the treatment society gives the offender, as being excluded and rejected by society has hindered the resocialization and rehabilitation of prisoners, which is why the positive aspects of the granting of prison benefits must be analyzed as day release, which the benefit is studied in this report, which is one of the most used by the inmates of prisons, as it allows them graduating from prison before completion of the entire sentence. The granting of this benefit allows the inner end with the last stage of his resocialization, because as will be seen in the development of this report, prison benefits are incentives for inmates of prisons, as these wanting to access them saved proper conduct within the penal institution and actively participate in the work programs and education that help greatly to the rehabilitation of prisoners, which is complemented when these internal graduate from prison before completing his full sentence, upon contact with his family and society, who remind them the courage to enjoy their rights, which were limited to enter the prison to serve his sentence. Thus the process of reahbilitación and reintegration of the offender into society concludes. For this reason it is important not to limit inmates to enjoy prison benefits, even more these being primary dealers, that is, for the first time have been convicted. However, due to legislative changes that have entered into force in recent years , as is the entry into force of the Law 30076 , that Article 5 it decided to amend Article 48 of v the Code of Criminal Procedure , inserting in the last paragraph the prohibition for primary agents of a specific list of crimes , you can access the benefit of semi-freedom ; has created a remarkable contradiction between the second and third paragraph of Article 48 of the Code of Criminal Procedure , as in the second paragraph gives the possibility to access the benefits of semi-freedom , the primary agents of the same list of crimes in their third paragraph limits can access the aforementioned benefit. This problem caused by the entry into force of the law 30076, encouraged to undertake research on this thesis, aiming to determine whether there is a contradiction between the second and third paragraph of Article 48 of the penal code execution. The thesis is divided into five chapters, developing themes such as grief, prison benefits, and primary agents for day release. It also has developed a chapter for the comments on article 48 of the criminal code execution and a final chapter with a legislative proposal to amend Article 48 of the Code of Criminal Procedure, which considered urgent because the current prison situation.
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