Bibliographic citations
Aguilar, G., (2022). Aplicación del principio de oportunidad por las fiscalías corporativas especializadas en materia ambiental, en los delitos de minería ilegal en la provincia de Tambopata-Madre de Dios 2019-2021 [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5453
Aguilar, G., Aplicación del principio de oportunidad por las fiscalías corporativas especializadas en materia ambiental, en los delitos de minería ilegal en la provincia de Tambopata-Madre de Dios 2019-2021 []. PE: Universidad Andina del Cusco; 2022. https://hdl.handle.net/20.500.12557/5453
@misc{renati/956771,
title = "Aplicación del principio de oportunidad por las fiscalías corporativas especializadas en materia ambiental, en los delitos de minería ilegal en la provincia de Tambopata-Madre de Dios 2019-2021",
author = "Aguilar Cuno, Glenda Samanta",
publisher = "Universidad Andina del Cusco",
year = "2022"
}
In the present work, the application of the legal figure of the Principle of Opportunity in the crimes of illegal mining is analyzed, the same ones that are typified 307-A, 307-B, 307-C, 307- D and 307-E of the CP, whose analysis focuses on determining which procedural party adopts this position, understood as that application of the Opportunity Principle ex officio or at the request of a party; Finally, the present investigation focuses on determining what is the sine qua non requirement to prosper the application of the Opportunity Principle. It was applied in the present investigation is descriptive because it focuses on explaining why a phenomenon occurs and under what conditions it manifests itself and why two or more variables are related. In the present investigation, the qualitative research approach will be used, which focuses on understanding the phenomena explained from the perspective of what is applied in reality and the relationship of the context. Within the mechanisms used to obtain an ideal sample, the interview and case analysis were used, obtaining as a result that according to the population interviewed, which were the Lawyers, it was obtained that 81.8% request the application of the Principle of Opportunity, being denied. the same; and from the interview with the Prosecutors, it was obtained that 56.3% said that they do not apply the Principle of Opportunity. From the negative position of the Prosecutor regarding the request made by the defense attorneys, it was obtained that there is no legal basis; At another end of the analysis of the application of the Principle of Opportunity, the defender of legality "Prosecutor" bases his position arguing that there is no merit of punishment; therefore, it is concluded that the application of the Opportunity Principle helps to decongest the procedural burden in a short term; It also verified that the Prosecutors do not provide a greater legal argument when applying and not applying the Principle of Opportunity.
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