Ineficacia de la constitución y del derecho penal para el pago de la reparación civil, en el Primer Juzgado Penal de Huancavelica durante el año 2012

• Autor: Lapa Yauri, Viviana
• Formato: artículo
• Fecha de Publicación: 2021
• Institución: Universidad Nacional de Huancavelica
• Repositorio: UNH-Revistas
• Lenguaje: español
• OAI Identifier: oai:revistas.unh.edu.pe:article/80
• Enlace del recurso: https://revistas.unh.edu.pe/index.php/rceo/article/view/80
• Nivel de acceso: acceso abierto
• Materia: Ineficacia; constitución; derecho penal; pago de reparación civil; primer juzgado; Ineffectiveness; constitution; criminal law; payment of civil damages; first court

This investigation set out to determine compliance with the payment of civil reparation in the First Criminal Court of Huancavelica during 2012. The type of investigation corresponds to the descriptive level; The inductive-deductive method and the descriptive method of cross-section in time were used. The technique of documentary analysis was applied and as an instrument, the data record sheet. Simple random sampling was done.The data were analyzed quantitatively. The hypothesis was contrasted using the test of proportions of the normal z distribution and for the general hypothesis, the Chi-square test. In both cases, with a 95% confidence level. The comparison of the specific hypotheses as well as the general hypothesis was carried out, where the null hypotheses were rejected and consequently an acceptance was given to the alternative hypotheses that are: (Hi)(Ha): The execution of the civil reparation payment is a the most by 30%; (H2) (Ha): the Judge did not adopt, for the most part, an adequate subjective criterion regarding the type of crime in which it was set, in determining the reasonable term of payment and the imposition of payment execution; in the application of the reservation of the conviction; (Ha): There is at least 80% of the non-execution of the civil compensation payment, therefore itis an inadequate one by the first criminal court of Huancavelica during 2012. It was determined that the majority of those sentenced do not comply with the payment of civil damages, when it is noted that our legislation does not regulate the form and term in which the sentenced person must make the payment of civil damages and that furthermore, due to the evaluation carried out on the adequate and inadequate applicability of civil reparation in the criminal court, it has been obtained that more than 80% of the sentenced processes have not been carried out adequately. It is concluded that there is an inadequate application of civil reparation in the first criminal court of Huancavelica during the year 2012.