Bibliographic citations
Bocangel, M., (2020). Propuesta de modificación del artículo 387 del código penal para extender los alcances del delito de peculado [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/3858
Bocangel, M., Propuesta de modificación del artículo 387 del código penal para extender los alcances del delito de peculado [Tesis]. PE: Universidad Andina del Cusco; 2020. https://hdl.handle.net/20.500.12557/3858
@misc{renati/958374,
title = "Propuesta de modificación del artículo 387 del código penal para extender los alcances del delito de peculado",
author = "Bocangel Macahuachi, Miguel Ángel",
publisher = "Universidad Andina del Cusco",
year = "2020"
}
The current investigation has been well-suited to the general objective of identifying which factors influence the public servants and public servants who appropriate or use them, in any way for themselves or for another, when they typify crimes against public administration. , funds or effects whose perception, administration or custody is entrusted to him for his reason of office, as described in the offense of embezzlement in his article 387 offense of the Peruvian criminal code, therefore a legal analysis was made in this article formulating a very important hypothesis for the public administration coming to a conclusion of extending the crime of embezzlement that all the servants and public servants who appropriate or use for more than they do not have trust position and do not have the administration and custody of the estate of the state should be considered as a crime of embezzlement and not as a crime of theft as an actalmente is coming typifying in the public administration. Therefore, through the present, we carried out the thesis project the proposal of modification of article 387 of the penal code to extend the scope of the crime of embezzlement, developing with a series of research and normative interpretation based on our legal system and in the criminal field on the crimes against the public administration in the form of crime of embezzlement with the sole objective that all public servants and officials who are or are not under their charge the administration or custody of state assets, should be qualified as a crime of embezzlement and more not as a crime of theft as has been happening now in our public administration of the state, where because of this wrong or wrongful criminalization of these criminal acts that are caused by servers and public officials and are qualified as theft crime would be favoring since the custodial sentence is less than the penalty deprived freedom of the crime of embezzlement. Currently in our state, there has been an increase in crimes against public administration, which are caused by servants and public officials that the state gives them the confidence to act as a supervisor of public administration, but in the labor field there are many factors in which public servants and officials commit to commit these criminal acts, as we know, to attribute the responsibility to a person for the crime of embezzlement our system not only requires that the active subject has the status of public official, but, In addition, it has a functional link with the funds or funds of the state.
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