Self-defense in the Current Edition of the Peruvian Criminal Code. The case of homicide in self-defense

Carrillo K.S. · Revista Juridica Austral (2025) · DOI: 10.26422/rja.2025.0602.sil

Resumen

In this paper the author decisively analyzes the practical implications of the recent legislative modifications of the institute of self-defense in the Peruvian Criminal Code. The focus is firmly placed on the classic interpretative issue of homicide in self-defense, approached from the perspective of material legitimacy. At the legislative level, the paper systematically interprets the current legal text that modifies the self-defense provision. The jurisprudential level includes a thorough examination of relevant doctrinal discussions. Lastly, the dogmatic level provides a robust overview of the traditional debates surrounding self-defense within legal philosophy, especially as it relates to practical philosophy and German criminal law. This comprehensive approach facilitates a deeper understanding of the issue and confidently proposes a solution. The paper presents a strong axiological and material reconstruction of self-defense grounded in its current legal framework. In conclusion, it asserts objective and subjective material criteria to rationalize the judicial application of self-defense, effectively addressing the interpretative challenge surrounding the material justification for homicide committed in self-defense.

Instituciones: Pontificia Universidad Católica del Perú