Citas bibligráficas
Calle, V., (2022). La sanción penal al instigador y su afectación al principio de proporcionalidad de la pena [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/9755
Calle, V., La sanción penal al instigador y su afectación al principio de proporcionalidad de la pena [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2022. https://hdl.handle.net/20.500.12759/9755
@mastersthesis{renati/381457,
title = "La sanción penal al instigador y su afectación al principio de proporcionalidad de la pena",
author = "Calle Cordova, Vinter",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2022"
}
This investigation is aimed at determining the legal-criminal basis on which the imputation of responsibility of the participant as an instigator and its connection with the principle of proportionality is based, in such a way that we understand that one of the manifestations of Peruvian criminal law It is the materialization of a specific act (criminal act law) that bases the responsibility, and not the mere thoughts or deliberative acts, for this reason, it is clearly clear the differentiation between the contribution of a participant (as inducer) and the contribution carried out by the author himself, who is the last one that ends up affecting the protected legal right, determining for this the absence of a forceful basis to establish what is the comparison for purposes of determining the sentence between the instigator and the author of a fact punishable? In order to determine and solve the proposed problem, a non-experimental investigation has been proposed, which starts from exploring the dogmatics built around the theory of authorship and participation, focusing on auscultating the nature and development of the figure of instigation, as well as opposing a proposal for a solution to the problems that arise in its application. For this we will mainly base ourselves on the study of criminal doctrine, as well as that of Peruvian criminal jurisprudence, we will also use data collection through the study and analysis of judicial records regarding emblematic cases of convictions relapsed by instigation raised in Peru. All this in order to elucidate the aspects that are still ambiguous and obscure about one of the most controversial topics in criminal law, such as the figure of instigation in the Theory of authorship and participation. From the study carried out, it is concluded that there is indeed an affectation to the principle of proportionality, since no specific, adequate and suitable basis has been established to establish the author's penalty for the inductor, thus affecting one of the guarantees that the citizen has to confront the immense coercive power that the State has
Este ítem está sujeto a una licencia Creative Commons Licencia Creative Commons