CORRUPTION AND PUNISHMENT: EFFECTS OF CIVIL DEATH BY DISQUALIFICATION IN FUNCTIONAL CRIMES IN PERU

Bartra M.P.; Noriega E.R.; Román I.C.; Falcón J.P.S. · Juridicas CUC (2025) · DOI: 10.17981/juridcuc.21.1.2025.18

Resumen

Among the biggest social problems facing Peruvian society is corruption, which destroys citizen confidence and destabilizes the rule of law, manifesting itself from small bribes to large frauds in public management. This has generated the demand for more severe and exemplary sanctions, including the so-called “civil death”, which falls under the meaning of perpetual disqualification that restricts the use of civil and political rights of officials who have been convicted of acts of corruption during their mandate. Under this premise, the following general objective was formulated: to analyze the effectiveness of the civil death penalty as a mechanism for punishing the functional crimes of public servants in the Peruvian State. The research adopts a qualitative approach at a descriptive level, and with a hermeneutical technique, aimed at analyzing the normative, doctrinal and comparative framework on the application of disqualification with special reference to Legislative Decree No. 1243. The results show that this measure responds to a strong social demand for greater firmness in the fight against corruption, by preventing convicted officials from returning to public office. It concludes by highlighting the importance of conceiving civil death not only as an exemplary sanction but as an instrument of social control that must be applied under criteria of justice and rehabilitation. © The author; licensee Universidad de la Costa - CUC.

Instituciones: Universidad César Vallejo