The error in evaluating the profile of juvenile delinquents in peru; [O ERRO NA AVALIAÇÃO DO PERFIL DO ADOLESCENTE INFRATOR NO PERU]

Tapia M.B. · Novum Jus (2020) · DOI: 10.14718/novumjus.2020.14.2.2

Resumen

With the promulgation of the Code of Criminal Responsibility of Adolescents (CRPA), Legislative Decree 1348 (06/01/2017) and its regulation, Peru sought to address the social problem caused by the participation of adolescents in cases of social and criminal connotation of extreme violence in the country. However, the results have not been positive because of defects in the legislation, in the sphere of the evaluation of the specialized legal practice and in the evaluation of the executed criminological and criminal policy. The CRPA has both substantive and procedural defects that limit its legitimacy and question its applicability, as it makes an equivalency of criminological conditions registered in crimes committed by adults. The normative evaluation, the casuistry generated, and the weak referential impact of the CRPA in criminological statistics show an essential defect: The evaluation of the profile of the adolescent involved in a criminological situation has not been correctly designed. Therefore, the procedural and evidentiary aspects of the judicial proceeding lead to an interpretation of the facts and a proceeding that could be unconstitutional, as the juvenile offender is being assigned a condition equivalent to that of an adult, as the reform of the Peruvian Civil Code (Decree 1377) cannot be applied in the criminal context.

Instituciones: Universidad Privada San Juan Bautista