Prueba indiciaria en el delito de Hurto con agravantes en la justicia peruana

Abstract

The objective of the study waste determines the direct relationship between the data described as indications, and a conviction in a Superior Court of Peru typified in articles 185 and 186 numerals 1, 2,3,4,6 and 9. The methodology used is basic and relational; a file was worked to achieve the database of the crime, along with the types of evidence that have supported the conviction. There has been no criminal flagrante delicto. What characterizes the indicia evidence, is not the fact object of the crime, on the contrary, it is another intermediate that, through the reasoning of the causal and nomothetic nexus, allows to prove what is intended to prove in trial. There are 14 files analyzed, with a final judgment. The results highlight that there is a correlation between deprivation of liberty (100%) and indications. In the analysis of cases there are 41 indications found out of 84 possible, which represents 48.8%. It also has between one to five indications per file with an average of three per case. Being the indication of opportunity and the criminal motive that is repeated in 72% of them. It concludes by highlighting that there is a relationship in terms of cause and effect between evidence and conviction.