NATIONAL POLICE OF PERU

EXECUTIVE DIRECTION AND DOCTRINE SCHOOL OF

TECHNICAL SUPERIOR EDUCATION PROFESSIONAL OF THE
PNP

III ACADEMIC SEMESTER SPARTANS PROMOTION 2018

THEME : MURDERY
COURSE : ENGLISH
MEMBERS

MOQUEGUA - 2018

INDEX

DEDICATION 3
THANK 4
INTRODUCTION 5
CHAPTER I SETTING THE PROBLEM 6
A. CHARACTERIZATION OF THE PROBLEM 6
B. DELIMITATION OF OBJECTIVES 6
1. GENERAL OBJECTIVE 6
2. SPECIFIC OBJECTIVES 6
C. JUSTIFICATION AND IMPORTANCE 6
1. JUSTIFICATION 6
2. IMPORTANCE 7
D. LIMITATIONS 7
CHAPTER II THEORETICAL
FRAMEWORK - DOCTRINARIO 8
A. BACKGROUND 8
B. THEORETICAL BASES 8
C. LEGAL BASE 13
D. DEFINITION OF TERMS 14
CHAPTER III
ANALYSIS 15
CONCLUSIONS 16
RECOMMENDATIONS 17
BIBLIOGRAPHY 18
ANNEXES 19
 DEDICATION
Dedicated to our parents, brothers and friends.
To my teachers who give us their time to teach us and fill us with knowledge
 GRATITUDE
We thank our police training institution and our colleagues with whom we train
every day in the ranks of the PNP, to consecrate our lives in favor of our Peruvian
society.
 INTRODUCTION

Considered one of the most serious crimes that can commit the human being, the
murder is based on the murder of one person at the hands of another. Both the
causes and the reasons why a homicide is carried out can be extremely varied and
this is where the law establishes different types of penalties and punishments
depending on each particular case.

The present work has been elaborated meticulously compiling data that merit the
concepts and ideas that are poured into it.
For the law, homicide is one of the most serious crimes that the human being can
commit, since it directly affects the safety and well-being of the individuals that make
up the community or society.

Finally, we must add that the law considers certain elements as aggravating when
establishing the penalty and among them we must mention the existence of family
or blood ties, torture, mutilation, rape or sexual abuse, etc. Similarly, the penalty may
be less if it is proved that the homicide has been committed in self-defense, for the
prevention of a major crime, for a state of unconsciousness, coercion or inanity. We
hope that this work contributes to increase the concepts we have on this topic and
that it has the acceptance of both our colleagues and the teacher.
 CHAPTER I
PROBLEM STATEMENT

A. CHARACTERIZATION OF THE PROBLEM

Assassination or Qualified Homicide is configured when a human being puts
an end to the life of another human being mediating in this action the
circumstances that aggravate the figure, the juridical good object of the
criminal tutelage as we said in this chapter is the independent human life,
from birth to death, that is, the protection of independent human life ends with
the death of the person, which occurs when brain activity ceases completely
and is accredited with an encephalogram.

Qualified homicide or Murder is aggravated due to the following

circumstances

B. DELIMITATION OF THE OBJECTIVES

1. GENERAL OBJECTIVE

• Know the homicide according to the penalty code

.

2. SPECIFIC OBJECTIVES

 Know the concept and constituent elements of homicide

 Study the different types of homicide murder

 Analyze the articles of the Dominican Penal Code that sanction

murder
C. JUSTIFICATION AND IMPORTANCE

1. JUSTIFICATION
The investigation of this subject is justified due to its importance in
the legal career, we understand that a legal process in which one
struggles because the just sanction is applied to a murderer, is a
labor of humanity, justice and social good, For us as a student of this
career it is essential to know in detail everything related to a
homicide and to be clear in the future when a case is presented to
us, that we are dealing with a delicate, deep issue with unpredictable
consequences that requires having the ideas ordered. The concepts
of fair and firm justice and fairness, a balanced mind and great acuity
using the ability to analyze.

2. IMPORTANCE

The importance of this issue is that a part of the police is being trained
and trained to warn many people about the dangers of being on
dangerous beaches and in case of drowning as to act to save their
lives. The police rescue unit is equipped with motorcycles, boats and
helicopters.

C. LIMITATIONS
 There are factors that limit our work, such as the lack of time and
economic means available to deepen the topic
 CHAPTER II

THEORETICAL FRAMEWORK - DOCTRINARY

BACKGROUND CREATION

A. THEORETICAL BASES

CONCEPT.-Homicide is a term that comes from the Latin homicide and

refers to the death of a human being caused by another
person. The term, therefore, can be used as a synonym for
murder or crime.

For example:

 Investigators believe that the homicide was committed by a left-

handed person
 The murder of the child shocked the people, who still can not get out
of their astonishment at the brutality of the crime "
 "Ramírez was sentenced to twenty years in prison upon being found
guilty of the murder of his former partner"
A more extensive analysis of the etymological origin of the concept
reveals that the Latin word homicide derives from the combination of a
Greek term that can be translated as "similar" and will yield ("kill").
Homicide, therefore, is killing a fellow (that is, another person)
Murder murder is an action condemned by society that is contrary to the
legal. Therefore, whoever is found guilty of having committed a homicide
is convicted according to what is established by law. The penalties vary
according to the qualification of the homicide, since it is considered that
certain homicides are more serious than others (when the victim is a
relative or has a link with the murderer, etc.).
 There are cases, however, in which the murderer is unimpeachable (can
not be attributed criminal responsibility for their actions). This happens
when the attacker suffers psychic alterations or is under age, among
other causes. In such cases, the homicide receives some type of
treatment as a way to try to modify his behavior.
 CONSTITUTIVE ELEMENTS OF THE ASSASSINATION

A) THE PREEXISTENCE OF A HUMAN LIFE THAT HAS BEEN

DESTROYED: it is the indispensable element to constitute the objectivity
of homicide; from this element some consequences arise, is that a dying
person who still has some breath of life, can be subject to homicide .
B) The material element: it is an act of such nature that it can produce the
death to another, that is to say that there is a direct cause-effect
relationship between the act committed and by the agent and the death
of the victim, little matter the means employed by the agent to perpetuate
the homicide (blows with blunt instruments, firearms, bladed weapons,
blows given directly with the fists and feet).

C) The moral element: what constitutes the intention to kill "animus encode", it
matters little that death occurred at the request of the victim; as for
example, a patient who, affected by his suffering, asks another to put an
end to his agony by causing his death; also be by mistake in the person,
meaning that wanting to kill one person kill another because the intention
to kill is evident and characterized.

 CLASSIFICATION OF THE HOMICIDE.

Homicide may be intentional or voluntary and unintentional or involuntary.

A) INTENTIONAL OR VOLUNTARY HOMICIDE: is committed knowingly
and with intent, this is with knowledge of what is done and with the
intention of taking life. The agent carries out his conduct with "animus
nicandi", that is, there is premeditation, which we can define as the
design formed before the action, to attempt against the life of a
determined individual or against whom he finds himself or even when
that design depends on some circumstance or condition,. In addition to
lurking, which is to wait, more or less time, in one or several places, to
any individual, in order to kill him, or to exercise against acts of violence.

This can be simple or qualified.

HOMICIDIO SIMPLE: es aquel que se comete sin que se le agregue
circunstancia que lo agraven
QUALIFIED HOMICIDE: it is also called murder, it is the one to which
one or more circumstance is added that aggravate it. As are the
premeditation, the stalking, among others
 • The parricide: is the one that kills his father or mother legitimized,
natural or adoptive, and his legitimate ascendants, as established in
art. 299 of the penal code of the Dominican Republic.
• The matricide: it is the death to the mother, in our legislation it is
united to the parricide.
• Filicide: is the death given by the father or mother to the child.
• Uxoricide: is the death given to the wife.
• Fratricide: it is the death given to a brother.
• Infanticide: is the death given to the newborn.
• Feticide: is the death given to the animated fetus, in our legislation
the crime of abortion is sanctioned as the voluntary interruption of the
fruit of conception, perpetrated by material or artificial means.
• Murder: is the murder committed with premeditation or stalking.
• Regicide: it is death to a King.
• Tyrannicide: is the liberating death, given to a tyrant, which is
considered lawful, but about which nothing says the texts.
• Euthanasia: The term is derived from Greek (good) and "many"
(death), and means "good death". it is the death caused by own will
and without physical suffering, in an incurable patient, in order to
avoid a painful death, and the practice consisting of administering
drugs, drugs or other substances that relieve pain, even if this
shortens his life . Fall out of this concept the deaths caused to elderly
patients, mentally ill, and others, which will be considered simple
homicides and even murders.
• Poisoning: It is the attack against the life of a person, committed by
means of substances that can produce death with more or less
promptness, poisoning is qualified, whatever the way to administer or
use those substances, and whatever its consequences

B) Unintentional or involuntary homicide: is committed without "animus

necandi"; Bone is not intended to cause death, but is committed by
clumsiness, recklessness, inadvertence, negligence or violation of
regulations

We also have other types of homicide such as:

a) Homicide by omission: it is the case in which a person has met
death, and may have been avoided by the intervention of a third
party. This type of homicide is punishable provided that the agent has
 the obligation to intervene. Example, see another drowning and not
help.
b) Homicide by mistake: an error of fact can be made (by mistake in
the object), or by error in the person. There is an object error, when
you shoot a human being believing that it is an animal. There is an
error in the person when he shoots a certain person, and by bad aim
he kills another.
c) The attempted murder: this homicide can be subdivided into simple
and frustrated
 Homicide attempted simple: it is one that is characterized by
the principle of execution and the intention to produce death,
but whose activity is interrupted by causes foreign to the will of
the agent.
 Murder attempted frustrated: it is the one where the agent
performs everything he had on his part to achieve the goal, but
a cause independent of the will of the agent, prevents it from
being consummated.
 Necessary homicide: is that which occurs in a state of
necessity. For example: the castaway who hits another
shipwreck, as the only means of survival.
 The legitimated homicide: the homicide can be legitimized,
when it invokes some of the causes of legitimation; these are
called justified facts, as is the legitimate defense "there is no
crime or offense, when homicide, wounds and blows are
referred to by the current need for self-defense of oneself or
another."
 The consummated homicide: is that in which the agent has
achieved its purpose, which is to kill.
 Passion homicide: refers to the blood passion, is driven by
the thirst for blood and other passions such as hatred, and
unbridled love.
 The homicide for transgressive revenge: it is the one in
which an innocent person is killed instead of the guilty one of a
fact. Example; when a person instead of killing the one who
has offended him, prefers revenge by killing the mother, a son
or a next relative.

C) THE VICTIM OR PASSIVE SUBJECT OF THE INFRINGEMENT.

The man from his conception can be a victim of a homicide, we know

what an abortion entails. From very remote times the homicide has been
 punished, nevertheless it is with the declaration of the rights of the man
and the citizen in 1789, voted by the French convention, where the right
to the life begins. This statement in its art.3º states the following: "Every
individual has the right to life and the security of his person." "Life and
bodily integrity are the foundation of every right, life is an inviolable and
unavailable good, because it is God who gives it, He is the only one who
can take it away." "I make you die and I make you live. According to the
Bible in his book Deuteronomy 32:39, the following is stated: "I make you
die and I make you live.

D) THE INVESTIGATION PRIOR TO THE QUALIFICATION OF THE

HOMICIDE FROM A LEGAL POINT OF VIEW AND AS MEANS OF
MEETING THE PROOF FOR A JUDGMENT.

Qualifying a homicide from a legal point of view is the process that the
lawyer must follow to substantiate the accusation of homicide based on
the laws in force in a given State
The previous investigation of how the events occurred is providing
information that must be gathered and stored to present during the trial.
This investigation is fundamental; the agility of a process depends to a
large extent on the way in which the file is implemented.
All research requires establishing an order that allows carrying out the
tasks of the investigation. According to the case being investigated,
order is established. The order must be logical, it requires us to stop,
think and plan each step before giving it. The meaning of the opportunity
is key in relation to the information that can be gathered

Steps to investigate a homicide

 Information about the crime scene.
 Specific information on the cause of death and at what moment it
is perpetrated.
 Get clues.
 Collect information.
 Form hypothesis.
 To investigate the witnesses, to guide the interrogation.

The information of the scene of the crime is obtained by means of a

meticulous analysis of the scene of the facts, in this place usually the
plot of the same is revealed. Characteristics are manifested, signs
where it began, how it was developed and how I conclude. The
questions in this place hover around how, when, who and why. At the
 crime scene you can determine the mode of operation, personal
signature or stamp of the murderer and many times you can get to this
using that information. Fingerprints, foreign bloodstains or other
information and objects are important clues.
You can not rule out anything, close people, families and friends are
important pieces in the investigation.
To delimit our radius of action there are certain questions that we must
ask ourselves and give them answers. For example: What is more
convenient to do an investigation alone or to form a team? Who should
integrate this team? Is it useful for the investigation to include the
relatives of the victim in the investigation team? Are there some
documents you should read before interviewing certain people? Which
people should I interview and in what order?
It is necessary to obtain a copy of the police report, the speed of the
investigation to qualify the file must be quick and timely. Not so the
investigation to provide all the evidence. The life of the victim has
already been lost, what prevails is to carry out a good judgment and that
the murderer is punished.
The notes and records should be considered from the beginning, you
must save dates, hours, names, addresses, contact information.
Documents, photos are preserved, if a team of people in the
investigation should prepare copies of all the material and share it with
the team.
During interviews it is advisable to use a tape recorder. This allows you
to concentrate on the interview and have the certainty of total accuracy.
The use of the recorder has its disadvantages, the interviewees are
cautious when talking until they forget the recorder.
The prior task of gathering information and information must be
thorough, procedural rigor must be applied in the taking of statements.
The lawyer will have to help other professionals who support him during
the investigation in which the objective is to find proof of the facts.
When information is collected, it can be documented with photos. It is
necessary to consider:

 Centralize the information about the case being investigated.

 Make use of the ethical sense and strict justice.
 Face the facts with responsibility.
 The investigator must be discreet and impartial, the evidence will
serve as the basis for an accusation or as a defense in a lawsuit that
seeks a just punishment to a homicide

E) THE PNP AND PRELIMINARY INVESTIGATION

 DIVINHOM: Homicide Investigation Division
The history of the Division of Investigation of Homicide, has valuable
antecedents in the Incanato, in the Conquest and the Viceroyalty, where
the police investigator exercised through persons specially appointed to
protect the life, physical integrity and health of the police was in force.
the inhabitants, of a possible attack of third parties.
In independent Peru there were judges, the police were in charge of
investigating crimes against people, persecuting and capturing the
accomplices, offenders, making them available to the competent
authorities.
Until the advent of the 1992 mission, and during the government of Don
Augusto B. Leguía, the police in general fulfilled functions of citizen
security concerts ups and downs, with respect to countries of America.
Like other Sub Units of the DIRINCRI, the Homicide Investigation
Division comes from the former Investigation, Surveillance and
Identification Body (CIVI), in 1948 it integrates the Brigade and Criminal
Investigation and after a disposition and changes it adopts its current
denomination of the Division of Homicide Research, since 1988
integrates the structural organization of the DIVINCRI

B. LEGAL BASIS

1. Political Constitution of Peru

2. Organic Law of the Public Ministry
3. Law of the National Police of Peru
4. Law No. 90624 Code of Criminal Procedures
5. D. Leg. No. 638 Code of Criminal Procedure
6. D. Leg. No. 957 New Code of Criminal Procedure and its amendments
7. Manual of Procedures of the Diligence of Corpse Raising of the Public
Ministry.
8. Manual of Forensic Tanatological Procedures and Complementary Services
of the Public Ministry
9. Manual of Criminal Investigation of the National Police of Peru.
10. Criminalistics Manual of the National Police of Peru.
11. Manual of Police Operational Procedures of the DIRINCRI of the National
Police of Peru.
12. Guide to Criminal Procedures for the Crime Scene of the Criminalistics
Department of the Institute of Legal Medicine and Forensic Sciences of the
Public Ministry and Forensic Sciences of the Public Ministry
D. DEFINITION OF TERMS
1. RAPIDITY.- In the beginning of the actions of preservation of the
scene as in the prompt communication and coordination between the
intervening authorities.
2. PRESERVATION.- Priority of the greater and better protection of the
scene to avoid the contamination or destruction of the signs,
guaranteeing its fixation and care.
3. DRIVING AND PRESENCE OF THE PUBLIC MINISTRY.- The
Criminal Prosecutor must be present at the crime scene to conduct
the investigation and study of the scene of the crime.
4. OBJECTIVITY AND UNITY IN THE INVESTIGATION. -In the conduct
of the investigation must act objectively without time limit avoiding
mistakes, and as far as possible, exhaust all means that lead to an
effective and effective result in the clarification of the fact investigated.
5. UNIFORMITY IN THE PROCEDURES.- According to the purpose of
this manual. 6. RESERVE OF THE INFORMATION.- All the
information of the result of the investigation of the scene and of the
study in the laboratory among other documents should be kept in
reserve under the established norms
 CHAPTER III
ANALYSIS
Murder is a crime against the legal right of the life of a natural person, of a
very specific nature, which consists in killing a person by incurring certain
specific circumstances, dependent on the legislator, such as treachery, price,
reward, the promise or the cruelty deliberately and inhumanly increasing the
pain of the victim. It is a type of qualified homicide. It is considered murder
when one person causes the death of another and carries out with one of the
three cases (or the three together) of 'treachery' (is carried out with treason
and / or when it is known that the victim will not be able to defend themselves),
'cruelty' (deliberately and inhumanly increasing the suffering of the victim) or
'price competition' (committing the crime in exchange for economic or
material retribution)
Although the subject has been much discussed, the murder is not a simple
aggravated homicide, but a different crime (according to the majority of the
doctrine and jurisprudence), in which the circumstances indicated are
constitutive elements thereof. . In murder there is a greater intensity of
criminal intent than in homicide, there being always a subject and by the
harmful means used in a special way or by the unmistakable malice and
dangerousness that is revealed, and the plans and strategies to achieve later
consummate murders of the victims
 CONCLUSIONS

1. We consider it appropriate to point out that in our country many

homicides are not punished for different reasons.
2. Witnesses for fear of the murderer and due to the lack of protection
of the State, do not get involved giving information or participating as
witnesses.
3. The population of the humble who are the majority do not have the
necessary resources to hire a good lawyer to take your case.
4. The police frequently in the process of stopping the murderer, kill him
and consider that death is not enough punishment, since the purpose
of the code is to detain the criminal and suffer this and regret his
action, even if regenerate and reintegrate into society as a useful
person, since nobody has the right to take the life of another person
 RECOMMENDATIONS

1- Students of the Police School, we must become aware of the

importance of this topic for the practice of the profession, since in
Peru these cases are permanently presented. We are living
through a stage of citizen insecurity and society expects a lot from
the Police.
2- Continue with this type of work strategy in order to promote
research and reading and be well prepared as professionals
before the grand examining jury that society as a whole will be
 BIBLIOGRAPHY

 Código Penal peruano

 http://www.buenastareas.com/materias/homicidio-calificado-peru/0
 http://es.wikipedia.org/wiki/Homicidio
 http://www.monografias.com/trabajos89/homicidio/homicidio.shtml
 http://definicion.de/homicidio/
 http://ec.aciprensa.com/h/homicidio.htm
 http://www.definicionabc.com/social/homicidio.php
ANEXOS