Bibliographic citations
Abanto, A., (2017). Fundamentos jurídicos para la protección penal del patrimonio a través del delito de receptación, cuando el bien tenga procedencia de una infracción a la Ley penal [Tesis, Universidad Privada del Norte]. https://hdl.handle.net/11537/10652
Abanto, A., Fundamentos jurídicos para la protección penal del patrimonio a través del delito de receptación, cuando el bien tenga procedencia de una infracción a la Ley penal [Tesis]. PE: Universidad Privada del Norte; 2017. https://hdl.handle.net/11537/10652
@misc{renati/523879,
title = "Fundamentos jurídicos para la protección penal del patrimonio a través del delito de receptación, cuando el bien tenga procedencia de una infracción a la Ley penal",
author = "Abanto Silva, Alicia Yesenia",
publisher = "Universidad Privada del Norte",
year = "2017"
}
ABSTRACT The Art. 194 the Penal Code describe the reception as a crime that seeks to protect the heritage, restrictively indicating the material actions which will be set, which in simple words, is the acquisition of assets from a previous offense with knowledge or presumption that criminal origin. This leads to interpreted as a breach of the heritage of a first offense injured for the first time this legally, called prior offense, but also there is knowledge or presumption on the part of the agent, that good it came from. However, the rule leaves out other circumstances that could injure this legal right, called heritage, at first. Hence we question is what to do when the property acquired by the reducers come from other criminal offenses as violations of criminal law against property? The article in question, does not indicate the treatment that should be given to the receptation when good material of this comes from a violation of criminal law, which has been raised to analyze the legal basis for criminal protection heritage through receptation when the well has this origin. This research aims to determine the legal basis to incorporate the crime of receiving stolen, covered by Article 194 of the Peruvian Penal Code, the origin of the well when it has been obtained from a violation of criminal law, as it has identified that article, gives only a criminal nature to the origin of these, which we think, is a legal vacuum. To this end, it has conducted a study through review of literature sources, analysis of these and arguments of authors, as well as the development of concepts pertaining to this crime to their correct interpretation, and thus lay the foundations that support should be considered objectively why this circumstance, to ensure effective protection of heritage This also has seen fit to propose the correct definition of this crime, as a recommendation, considering the functionality of this and the importance of the inclusion of this assumption obtaining well in this article, under the preventive function and protective penalty, and other arguments to ensure that this rule effective fill its purpose.
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