Citas bibligráficas
Calderón, A., (2019). Fiscalía provincial penal conciliadora de accidentes de tránsito y el acuerdo reparatorio satisfactorio, distrito judicial Lima - Centro 2018 [Tesis, Universidad Privada de Trujillo]. http://repositorio.uprit.edu.pe/handle/UPRIT/292
Calderón, A., Fiscalía provincial penal conciliadora de accidentes de tránsito y el acuerdo reparatorio satisfactorio, distrito judicial Lima - Centro 2018 [Tesis]. : Universidad Privada de Trujillo; 2019. http://repositorio.uprit.edu.pe/handle/UPRIT/292
@misc{renati/7806,
title = "Fiscalía provincial penal conciliadora de accidentes de tránsito y el acuerdo reparatorio satisfactorio, distrito judicial Lima - Centro 2018",
author = "Calderón Zapata, Angel Eduardo",
publisher = "Universidad Privada de Trujillo",
year = "2019"
}
Already when talking about “ACCIDENT OF TRANSIT“, we can notice that, precisely because it is an accident, in principle, we would be faced with an unwanted event; in other words before a guilty figure. This action may result in Wrongful Deaths (Article 111 of the Criminal Code), as well as Wrongful Lesions (Article 124 of the Criminal Code), relevant part. Once the traffic accident occurred and the investigations were carried out in application of our adjective right (Article 2 of the Code of Criminal Procedure) within the Opportunity Principle, the Reparatory Agreement is applied, however, after having reached a reparatory agreement duly signed by the parts, it has been observed in the Second Traffic and Road Safety Prosecutor's Office in Lima, that in the period from July 2017 to October 2018, of 160 reparatory agreements, 64 have questioned this decision, this is almost 50% of the reparatory agreement arrived at the principle of opportunity that manifest their disagreement, either due to inadequate advice or because they belatedly noticed a proposal not commensurate with the magnitude of the damage, noting that in many cases the agreed amount does not compensate for the injuries or death of the victim. Likewise, the investigations carried out by the commission in this type of criminal offenses indicated in articles 111 and 124 of the Penal Code cause an excessive workload, which generates that this type of investigations at the provincial criminal prosecutor's level, at the end of the realization of the diligence inherent in the investigation of this type of crime. In this context, the intervention of the Public Ministry is relevant. According to Legislative Decree N ° 052, Organic Law of the Public Ministry, in article 5 “Prosecutors act independently in the exercise of their powers, which they perform according to their own criteria and in the form they deem best arranged for the purposes of the institution. Being a hierarchically organized body must be subject to the instructions that could be given by their superiors.
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