Bibliographic citations
Vargas, L., (2017). La reiterada aplicación del principio de oportunidad en el delito comercio clandestino de insumos químicos (propuesta legislativa). [Tesis, Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/2080
Vargas, L., La reiterada aplicación del principio de oportunidad en el delito comercio clandestino de insumos químicos (propuesta legislativa). [Tesis]. : Universidad Andina del Cusco; 2017. https://hdl.handle.net/20.500.12557/2080
@misc{renati/958691,
title = "La reiterada aplicación del principio de oportunidad en el delito comercio clandestino de insumos químicos (propuesta legislativa).",
author = "Vargas Guerra, Luis Antonio",
publisher = "Universidad Andina del Cusco",
year = "2017"
}
Peru is a mining country par excellence, however, where mining is the most important and in an illegal and informal way it is in the region of Madre de Dios as a result of the development of one of the main economic activities in the region that has brought several conflicts Socio-environmental, of those who are in favor and against. The state has established numerous norms in order to eradicate this scourge; However, it was not very successful; on the contrary, it continued to prevail; the dación of the control of chemical inputs for mining activities was a measure of failure, insofar as it is imputed through the crime of clandestine trade of products the transfer of chemical inputs subject to control and supervision, which, because they are bagatelle, do not have a radical punishability given that the principle of opportunity is a premial mechanism for the accused. The research project starts from the Problem: Are there reasons that justify a legislative proposal to improve the poor application of the Opportunity Principle in the cases of the crime of clandestine fuel trade? The objective of the research has been: To make known the reasons that justify a legislative proposal to improve the deficient application of the Opportunity Principle in the cases of the crime of clandestine fuel trade and how it collides with the interest of eradicating mining illegal and informal. The investigation is located within the type of propositive legal research; in the Descriptive-Explanatory Level with a qualitative approach, through the General Methods analysis-synthesis; With a non-experimental design. This research work is based on a study of theoretical analysis and argumentation of the reality subject of study, to contribute legally to our legislation. The results have allowed us to conclude that the mediate end of the criminalization of the crime of clandestine trade of products for chemical inputs was to eradicate the illegal and informal mining prevailing in the study area through control and inspection according to the regulatory framework of the Legislative decree 1103, since as it is understood the operation in most of the machinery for the extraction of gold is oil and that is being evidenced in a reiterative way the application of the principle of opportunity for illicit clandestine trade of products more specifically for chemical inputs.
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