Factors that lead to the recidivism of the crime of theft
The main objective of this work focused on determining the factors that lead to recidivism in the cases of aggravated robbery crimes of the inmates of the Pampas de Sananguillo prison of the Shilcayo band, period 2015 to 2016. In recent years, crime in our country has increased considerably, since always in the media we can observe great headlines on crimes against patrimony, such as the crime of robbery which consisting of the seizure of foreign goods, using strength, as well as violence or intimidation in the victim;causing fear in the person, and leaving it in a state of shock or nerves even threatening people’s lives even causing death.
The danger of this crime is because of the use of force or intimidation in the victim, a situation that justifies that the penalty is greater than that of the crime of theft.
This creates a great epidemic of fierce robberies throughout the national level in the cities of Ica, Lambayeque, Lima, Arequipa, Trujillo and Piura are the cities that record a high index of complaints formalized by this type of crime where the assaults grow in numberand ferocity a evil for which there is no effective cure. Being that for the configuration of the crime of aggravated robbery, the realization of their aggravating ones is needed, such as: at a inhabited house, when there is any person within the property, during the night or desolate place, trying to surprise the victims, the victims,At an armed hand, in the company of two or more people, pretending to be an authority, when the crime is committed to the aggrieve of minors, and when the commission of the crime originates some type of injury, the criminal type does not require the concurrence of allthe aggravating ones, enough with only one.
The specific objectives is to identify, in the Pampas de Sananguillo prison, the deficit of the penitentiary treatment received by repeat offenders and the number of repeat affairs for the crime of aggravated robbery;as well as identify the main factor that predisposed the inmates for aggravated robbery, commit a new crime and acquire the quality of repeat offenders, aggravating their sorrows.
Nowadays it is a issue of great public interest in our reality is that these supposedly resocialized people again commit crimes in the same district, province or in the capital, which leads to think that the State is failing or is that it is due tofactors properly from the personal sphere of subjects who commit these crimes such as antisocial behaviors (drug addiction, crime), legal, family, socio -economic and socio -educational factors among others among others. The main thing that is sought with the development of this thesis is to respond to what are the factors that lead to recidivism and why not provide any alternative solution to these questions that we make daily. Is this really possible? What really is the profile of a Peruvian criminal who again incurs crime? Don’t vast so much time in jail? Is a jail really a crime school? Does the offender born or do? And why not provide any alternative solution to these questions that we make daily.
Until before May 9, 2006, in which Law No. 28726 was published, recidivism and habituality were institutions that did not appear in our Criminal Code but at present if that is why we should know that it is recidivism, habituality and typesof recidivism.
And finally establish the degree of knowledge of the inmates by aggravated robbery on the issue of recidivism and if this influences the application of their sorrows;To this end, a survey was conducted with 20 inmates for the crime of aggravated robbery in their quality of repeat offenders;registering data through the data registration and survey instrument;Obtaining as a result that 60%qualifies the prison treatment they receive from the penitentiary establishment "Pampas de Sananguillo", as "regular";Also 95% of them believe that by obtaining their freedom and when facing society, it did not receive a good treatment from them, due to its quality of expressidiary, being the socioeconomic factor, the most predominant factor to reopens;Finally, 30% do not know about the consequences of committing a new crime, and acquiring the quality of repeat offender.
Many imprisonment centers are institutions that, instead of resocializing socialize, especially primary and less seasoned criminals. Traditional prison only meets, in most cases, the role of ‘file of criminals’ apart without mentioning that we currentalso adding the lack of environments for the diagnosis and prognosis of the inmate, as well as for treatment, due in part to the high overpopulation of inmates. And that is demonstrated once again in the infection news in the Covid pandemic. We must face a realistic criminal policy and not try to make up and cover it because sooner or later that will overflow.
What would be the best solution, build more prisons? . In principle we cannot close our eyes to prison reality and appreciate that we really have a prison deficit given the criminal overpopulation, which makes it necessary to build a certain number of criminal establishments, however we do not believe that it is the alternative since the phenomenon penal Of the penalties at least within 20 years, with the additional phenomenon that this population with such margins of condemnation also have a growth in recent years, so that in prisons we have inmates that will never come out, and others if They entered relatively young, could leave within 15 or 20 years, which causes criminal establishments to have a growing set of inmates occupying the prison, but In turn, the fluid income of new inmates follows, reasons why the population of inmates will continue to grow.
We consider that an urgent alternative is to make a comprehensive review of criminal legislation and opt for a graduation of the most realistic penalties, which avoids having an increasing population based on a study of criminal reality, analyzing data about the variousforms of crime, its real incidence.
The legal system, with respect to the process of resocialization of the inmates, in terms of the guidelines of the prison treatment required by the Criminal Execution Code, lacks efficiency, which leads to presidiaries to commit crimes again, reaching the quality of repeat offender again. We must reinforce psychological treatment in the inmates, through motivational talks, in order to change the idea of crime to survive. Many of the criminals do not have a complete primary, due to the disposition that they do not have money to cover that emptiness and gradually get used to easy life many come from dysfunctional places with problems in the family ceno which maybe that maybe thatproblem carries a criminal route.
It is important to keep in mind that the offender is not done in a day. As we have indicated in the life history of a criminal there is a conflicting family situation that began with small domestic thefts or in shops all this with experimentation with drugs, alcoholic beverages and thus begins to live outside the margin of social norms.
It is clearly observed how the offenders are found according to hierarchies and how they are gradually climbing until they form a band or criminal organization.
From this study of reality, the key question is whether repeat interns can perceive the possibility of changing or not. And if a person thinks that people are not likely to change deeply and think that the social environment tends to the status quo, this belief will also have repercussions on the construction of their social identity.
If you think that others do not change there will be a static vision of reality that includes itself. Therefore, it is necessary to explicitly define what are both personal and family factors that define or, at least, significantly influence criminal recidivism.
Prisons are a blood school for Peruvian criminals and many indicate that Peru is the new Sinaloa, this aberration must be aborted right now with legal protocols we will not solve anything. And that bar with these individuals who kill you before even stealing.
Some indicate that our laws only generate impunity do you think that is true? This new crime is group, organized and monopolistic recontra. And literally consider it the new terrorism.
Every day someone is assaulted, stolen or even killed. We cannot continue like this!
I culminate with this question, will a safe Peru be possible without crime? But every day we witness assaults and robberies that are never solved, eight out of 10 victims do not report since many criminals make fun of the laws and return more strongly and thirst for revenge.
We consider that the crime is not only the responsibility of the criminal or the State, but also of the community in which it develops to later work but society is so closed that many times this same for fear does not give a job to these people who left From the prison and that they fulfilled their sentence, the company again punish and marginalize these individuals by closing the doors to work, which this problem carries them to commit crimes again since they look without the possibility of having an income for their family and for the same. Which leads to generating problems that undermine citizen security.
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