Bibliographic citations
Contreras, J., (2022). Supuestos expresos para inaplicar la suspensión de la ejecución de la pena en el delito por omisión a la asistencia familiar [Tesis, Universidad Privada Antenor Orrego. Escuela de Postgrado]. https://hdl.handle.net/20.500.12759/9189
Contreras, J., Supuestos expresos para inaplicar la suspensión de la ejecución de la pena en el delito por omisión a la asistencia familiar [Tesis]. PE: Universidad Privada Antenor Orrego. Escuela de Postgrado; 2022. https://hdl.handle.net/20.500.12759/9189
@mastersthesis{renati/378648,
title = "Supuestos expresos para inaplicar la suspensión de la ejecución de la pena en el delito por omisión a la asistencia familiar",
author = "Contreras Cabrera, Jhoana Milagritos",
publisher = "Universidad Privada Antenor Orrego. Escuela de Postgrado",
year = "2022"
}
This investigation develops the problem related to the regulation of express cases to disapply the suspension of the execution of the sentence in the crime of omission to family assistance; to this end, the axiological basis on which the crimes of omission to family assistance are based was analyzed; it was determined that the suspension of the execution of the sentence in said offense contravenes the international covenants, conventions and conventions ratified by our country in matters of family protection; comparative legislation was analyzed that regulates crimes comparable to that of omission to family assistance and it was determined that they include cases such as those proposed for the non-application of the suspension of the execution of their sentence and determine if they could be considered in our domestic legislation, being necessary the relevance of proposing legislative modifications in order to expressly regulate the non-application of the suspension of the execution of the sentence in crimes for omission of family assistance when it is proven that the agent has economic capacity and the victim suffers from illness in a terminal state. Previously it was formulated as a problem: In what cases will the suspension of the execution of the sentence in the crime for omission to family assistance be disapplied? In the execution of the research, general research methods such as the Scientific Method were used; collection and analysis of information, such as Analytical, Inductive, Deductive, Axiological, Exegetical methods; specific or legal, such as the Historical, Doctrinal, Dogmatic and Hermeneutic methods; as well as the use of research techniques and instruments such as the Documentary Collection, Interviews and Observation with its Bibliographic Files, Interview Questionnaire and the Field Journal; respectively. In the same way, in the investigation, results were reached by discussing them, ratifying the problematic reality warned by the researcher and contrasting the proposed hypothesis in the sense that the cases in which the suspension of the execution of the sentence in the crime for omission to family assistance will be when it is proven that the accused has economic capacity and solvency and, when the victim is terminally ill. Once the research is finished, conclusions are raised and a legislative proposal is proposed as a recommendation in order to contribute to overcoming the observed problem.
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