Motivación inadecuada de las disposiciones fiscales en el delito de acceso ilícito en Perú

Abstract

The research work entitled improper motivation inadequate of prosecutors provisions in the crime of illicit access in Peru. Its objective was to analyze the situation of the motivation undue of prosecutors provisions in the crime of illicit access in the Corporate Prosecutor's Office Specialized in Cybercrime of the Center Lima Fiscal District, 2022; in the methodological aspect, in the study carried out the qualitative approach was used, the research method of the case study and phenomenological was applied, the used the basic type in the research and having like design grounded theory; in the same way, the interview was carried out with six participants, who are six trial lawyers from the Center Lima Fiscal District, to later suggest recommendations, in order to provide solutions to the problem raised; be have used the interview as a technique reflected in the interview guide instrument. According to the result obtained, it was demonstrated that the professional inefficiency of the prosecutor, the lack of adequate equipment, are causes that generate the motivation inadequate of the prosecutor provisions in the crime of illicit access in Peru; this inadequate motivation originate also non-compliance with the law; in addition; an emerging subcategory was found, which is the professional profile.