Citas bibligráficas
Cachique, K., (2021). Aplicación excepcional del principio de oportunidad en el delito de agresiones en contra de las mujeres o integrantes del grupo familiar. [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/4521
Cachique, K., Aplicación excepcional del principio de oportunidad en el delito de agresiones en contra de las mujeres o integrantes del grupo familiar. []. PE: Universidad Andina del Cusco; 2021. https://hdl.handle.net/20.500.12557/4521
@misc{renati/960136,
title = "Aplicación excepcional del principio de oportunidad en el delito de agresiones en contra de las mujeres o integrantes del grupo familiar.",
author = "Cachique Perdomo, Kevin Luis",
publisher = "Universidad Andina del Cusco",
year = "2021"
}
This investigation supports the need for an exceptional application of the principle of opportunity in the crime of aggressions against women or members of the family group, which is typified in article 122 ° -B of the Penal Code, since currently its Application is totally restricted in all cases on the grounds that family violence is in the public interest, however it has not taken into consideration the Constitutional duty of the State to protect the family as an essential institution of society. Chapter I develops the approach to the problem Should the principle of opportunity be applied exceptionally in the crime of aggression against women or members of the family group?, since the principle of opportunity is currently applied in the crime of aggression against women or members of the family group typified in article 122°-B of the Criminal Code, in accordance with Article 6°-B of the Regulations of Law No. 30364 “Law to Prevent, Punish and Eradicate Violence against Women and Members of the Family Group“. The objective of this investigation is to determine whether the principle of opportunity should be applied exceptionally in the crime of aggression against women or members of the family group. Likewise, in this chapter the methodological part of the research is developed. In Chapter II the theoretical framework is developed, where fundamental and basic aspects for the in-depth development of this research will be addressed, such as background studies, theoretical bases, definitions of terms, among other points that were used as tools at the time. of having planned the realization of this study. In Chapter III the methodology used for the development of this research is developed and supported. In Chapter IV we will find the thematic development, where we cover in sub-chapters the doctrinal part of both the principle of opportunity, the crime of aggressions against women or members of the family group, as well as we develop our arguments regarding the need for an application exceptional of the principle of opportunity in the crime of aggressions against women or members of the family group. All this supported in bibliography, jurisprudence, as well as antecedents of previous investigations. In Chapter V we will develop the results and analysis of the findings that result from our thematic development, as well as from the realization of a survey and analysis of real cases, that is, we will check if the product of our research conforms to the hypothesis raised in A start. Finally, the conclusions of the thesis, in summary “The application in an exceptional way of the principle of opportunity in the crime of aggression against women or members of the family group, typified in article 122°-B of the Criminal Code only in cases that do not constitute a serious affectation to the public interest and taking into account the work of the State to administer justice in this area, it should not leave aside those cases that can be solved through alternative procedural mechanisms that the legislator himself has provided us, in accordance with the fact that the State also has the Constitutional function of protecting the family as a core unit of society.“ and recommendations of the researcher after the development of the research, as well as the bibliography used and the corresponding annexes.
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