Bibliographic citations
Sáenz, H., (2016). La despenalización del delito de malversación de fondos por fines sociales y asistenciales [Tesis, Universidad Nacional de la Amazonía Peruana]. http://repositorio.unapiquitos.edu.pe/handle/20.500.12737/4118
Sáenz, H., La despenalización del delito de malversación de fondos por fines sociales y asistenciales [Tesis]. : Universidad Nacional de la Amazonía Peruana; 2016. http://repositorio.unapiquitos.edu.pe/handle/20.500.12737/4118
@phdthesis{renati/922849,
title = "La despenalización del delito de malversación de fondos por fines sociales y asistenciales",
author = "Sáenz Díaz, Hendrickson Marcelino",
publisher = "Universidad Nacional de la Amazonía Peruana",
year = "2016"
}
The objective of this research was to determine what are the philosophical and legal bases for the proper implementation of the decriminalization of the crime of embezzlement of funds by social and welfare purposes in different social behaviors in law Peruana.La characteristic of the research was descriptive, and the population was composed of judges, investigated, prosecutors in the city of Iquitos; The sample was related to specific cases which had occurred in the years 2013-2014 in the Judicial District of Loreto. The technique was the survey and the documentary analysis of the hearing instruments in each case during the years 2013-2014, finally the statistical analysis was focused in absolute and relative figures. Conclusions: The present research work makes an exercise in interpretation of the law to seek solution to a problem that occurs in reality concrete, applicable at national level, for which we will use as a methodological approach a sociological method that involves conceiving to the right, as a cultural phenomenon, i.e., as a process that develops in space and time; as thought and behavior of man for the regulation of social life, constantly changing as a result of exogenous and endogenous factors. The proposed concrete and subject of study of this work, is the to decriminalize the crime of misappropriation of public funds, exclude it from the catalogue of offences in the criminal code and that this is regulated in an administrative regulations, to make it the administrative law, which, through its different procedures, to impose the appropriate sentence, or an administrative fine. They will assess existing laws against the national reality in order to evaluate the changes in behavior, with the determination of the causes, effects and conceptualizing with theory available in order to lay the basis for that in the future can produce a draft law that contributes to the decriminalisation of the figure of embezzlement in the case of pursuing social and welfare purposes.
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