Bibliographic citations
Caballero, R., (2023). La suspensión de la ejecución de la pena en los delitos contra la administración pública: vulneración de la autonomía del poder judicial y la proporcionalidad penal [Tesis, Universidad Privada Antenor Orrego]. https://hdl.handle.net/20.500.12759/11270
Caballero, R., La suspensión de la ejecución de la pena en los delitos contra la administración pública: vulneración de la autonomía del poder judicial y la proporcionalidad penal [Tesis]. PE: Universidad Privada Antenor Orrego; 2023. https://hdl.handle.net/20.500.12759/11270
@misc{renati/380524,
title = "La suspensión de la ejecución de la pena en los delitos contra la administración pública: vulneración de la autonomía del poder judicial y la proporcionalidad penal",
author = "Caballero Valdiviezo, Rogelio Alexander",
publisher = "Universidad Privada Antenor Orrego",
year = "2023"
}
Throughout the completion of the research thesis, the successive reforms that article 57 of the Peruvian Penal Code has undergone have been questioned, which has established prohibitions with respect to the assumptions of origin of the suspension of the execution of the custodial sentence. freedom, in cases of crimes against the public administration committed by public officials, such as: embezzlement, aggravated collusion, among others, under the argumentative premise that it is necessary that legislative mechanisms be created that serve to prevent corruption of officials and servers; that alleged legal excuse that the legislator has pointed out, seems more like another example of a symbolic criminal law that gives a nuance of false tranquility to the population; However, throughout the investigation, this regulation has been subjected to review through the magnifying glass of constitutional law, and the hypothesis that this regulation, far from preventing and combating the high rates of crimes against the public administration, has been established and verified. it affects the principle of autonomy of the judiciary by which the person who must determine the sentence to be imposed and its form of execution is the judge and not based on legal constraint, in addition to this it is not consistent with a democratic system that in the case of more serious crimes if the sentence can be suspended, with which it was established, in the investigation, that this upsets the principle of penal proportionality. In this context, the statement of the problem was elaborated, then the objectives were pointed out in the sense of determining that the autonomy of the judiciary and also penal proportionality are affected by the regulation of the prohibition of suspension of the sentence in the cases of some crimes. against the public administration, with the methodology used it was possible to verify the hypothesis initially proposed.
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