It is analyzed the various criminal processes where the fine and its effectiveness have been imposed or not in its execution in the field of Peru, as well as a bibliographic doctrinal analysis of the foreign legislations (Foreign doctrine on the function of the penalty of fine) in the countries of Spain, Argentina and Italy. It was intended to know the factor that would determine the high degree of ineffectiveness, as well as identify in which foreign legal systems would be fundamental and effective the penalty of fine in its enforcement mechanism. The present investigation is in the field of legal-propositive, of application type, legal partner. The technique of the survey, the Technique of Observation or Documentary Investigation and comparative analysis of foreign doctrine was applied. The study population were judges, prosecutors in criminal matters in a number of 100 and lawyers als...

It is analyzed the various criminal processes where the fine and its effectiveness have been imposed or not in its execution in the field of Peru, as well as a bibliographic doctrinal analysis of the foreign legislations (Foreign doctrine on the function of the penalty of fine) in the countries of Spain, Argentina and Italy. It was intended to know the factor that would determine the high degree of ineffectiveness, as well as identify in which foreign legal systems would be fundamental and effective the penalty of fine in its enforcement mechanism. The present investigation is in the field of legal-propositive, of application type, legal partner. The technique of the survey, the Technique of Observation or Documentary Investigation and comparative analysis of foreign doctrine was applied. The study population were judges, prosecutors in criminal matters in a number of 100 and lawyers als...

Muchos delitos son sancionados con pena de multa (pena conminada principal), así como también existen diversas faltas en el libro tercero del Código Penal que son conminadas con dicha sanción. Como puede verse en la ejecución de la sanción y cuando se emplaza al condenado a efectos que cumpla con el pago económico fijado como multa dentro del plazo de 10 días que establece el Código Penal encontramos que esta no se cumple y por tanto deviene ineficaz por diversos factores entre ellos el socioeconómico. Se puede afirmar que si una institución penal, como la pena de multa, no surte sus efectos sociales, esta deviene obsoleta; por lo tanto debe procederse a derogarse o modificarse dicha legislación con la finalidad de lograr que la respuesta punitiva del Estado cumpla la finalidad de la pena, y que dicha figura jurídica resulte inaplicable en el tiempo. En este sentido la capac...

It is analyzed the various criminal processes where the fine and its effectiveness have been imposed or not in its execution in the field of Peru, as well as a bibliographic doctrinal analysis of the foreign legislations (Foreign doctrine on the function of the penalty of fine) in the countries of Spain, Argentina and Italy. It was intended to know the factor that would determine the high degree of ineffectiveness, as well as identify in which foreign legal systems would be fundamental and effective the penalty of fine in its enforcement mechanism. The present investigation is in the field of legal-propositive, of application type, legal partner. The technique of the survey, the Technique of Observation or Documentary Investigation and comparative analysis of foreign doctrine was applied. The study population were judges, prosecutors in criminal matters in a number of 100 and lawyers als...