Bibliographic citations
Chura, E., (2019). Efectividad y cumplimiento en la aplicación de la Ley 30862 en los procesos especiales de violencia contra las mujeres y los integrantes del grupo familiar (Análisis de Expedientes en el Juzgado Mixto de Espinar Enero - Julio del 2019) [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4158
Chura, E., Efectividad y cumplimiento en la aplicación de la Ley 30862 en los procesos especiales de violencia contra las mujeres y los integrantes del grupo familiar (Análisis de Expedientes en el Juzgado Mixto de Espinar Enero - Julio del 2019) []. PE: Universidad Andina del Cusco; 2019. https://hdl.handle.net/20.500.12557/4158
@misc{renati/957890,
title = "Efectividad y cumplimiento en la aplicación de la Ley 30862 en los procesos especiales de violencia contra las mujeres y los integrantes del grupo familiar (Análisis de Expedientes en el Juzgado Mixto de Espinar Enero - Julio del 2019)",
author = "Chura Sulla, Edwin Christian",
publisher = "Universidad Andina del Cusco",
year = "2019"
}
On October 25, 2018, Law No. 30862 was published in the Diario El Peruano, Law that strengthens various Norms to Prevent, Punish, and Eradicate Violence Against Women and Family Group Members, leaving Law No. 30364 behind, Law to Prevent, Punish, and Eradicate Violence Against Women and Members of the Family Group, then Law No. 26260, Law on Protection against Family Violence. In this framework, the present work is oriented, taking into consideration that this new law has been positively qualified by the State, to fight violence against women and members of the family group; However, it can be affirmed that through Law No. 30862 effective mechanisms are applied to protect women victims of violence. For this purpose, 21 cases entered into the Espinar Mixed Court have been reviewed, that is, those processed during the first month of Law No. 30862. In this research study “Effectiveness and compliance in the application of Law No. 30862 in the special processes of Violence Against Women and Members of the Family Group” (Analysis of files in the Espinar Mixed Court January - July 2019). Its purpose is to investigate the application of Law No. 30862 in the special processes of violence against women and members of the family group, if it is effective compliance by the competent authorities. From the analysis we make of the first month of validity of Law No. 30862, it has introduced two parallel procedures, one for sanctioning purposes for those who have to do with criminal prosecution and that makes the Prosecutors and Criminal Judges competent in criminal matters and that will conclude if the case occurs in a conviction and the other for precautionary or protective purposes, which is intended for the issuance of protective measures and precautionary measures of jurisdiction of the Family Judges or for the present work refers to the Mixed Judge of the Espinar province, and this will also be decisive for the deadlines, if the risk is severe, it is established with Law No. 30862 the obligation of the Family Judge, to dictate the protection measures within 24 hours, with a hearing or without a hearing Likewise, the Criminal Prosecutor's Office must give priority in the process in those cases where the risk assessment is severe, and on the other hand concrete actions have been established that and allow the fulfillment of these protection measures. Thus, the work is focused, demonstrating from the reviewed cases that the current Law fully guarantees the rights of women victims of violence since effective mechanisms are applied for their protection. As part of this analysis, it is found that the procedure applied in Law No. 30862 for the issuance of protective measures and regarding the punishment of aggressors have effective results.
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