Vulneración del principio de humanidad de la pena y unidad familiar por la inaplicabilidad de suspensión de pena en delitos de agresión

The present descriptive-analytical study with a qualitative approach, based on the dogmatic method, aims to analyze the normative and jurisprudential foundations that served to fail to apply the suspension of imprisonment for crimes included in Law No. 30710, thus affecting the principles of humanity of penalties based on human dignity and family unity by causing its disintegration. The methodology used to achieve the results is based on interview techniques with semi-structured questions, as well as on the exhaustive documentary analysis of the doctrine, norms and jurisprudential pronouncements that support such prohibition. The study was carried out in the Puno region, taking as a sample the magistrates of the Judiciary (Judges) and the Public Prosecutor's Office (Prosecutors) and lawyers specialized in Criminal Law. The results show that principles such as the humanity of punishment are effectively affected, since imposing an effective sentence in accordance with the literal meaning of the law in question violates the dignity of the convicted person, generating greater overcrowding in prisons; consequently, family unity is also affected, since in many cases, imposing an effective sentence causes family breakdown; therefore, there are arguments to reject the law in question by repealing it.