THE EXCESSIVE USE OF PRE-TRIAL DETENTION IN CRIMES AGAINST THE PUBLIC ADMINISTRATION IN THE FRAMEWORK OF SYMBOLIC CRIMINAL LAW

Jimenez O.P. · Studi sulla Questione Criminale (2023) · DOI: 10.7383/107313

Resumen

There are several issues concerning the excessive use of pre-trial detention in Latin America. For example, this measure is commonly used for crimes against the public administration, and, more in general, for all those crimes alerting society. Literature shows how this measure lays the ground for the development of symbolic criminal law and vice versa, symbolic criminal law facilitates the use of pre-trial detention. Accordingly, the aim of this study, conducted in Perú between 2005 and 2020, is to explore the link between symbolic criminal law and the excessive use of pre-trial detention, with a focus on crimes against the public administration. The research is based on multiple approaches, arranged in two stages. The first step of the research is to carry out a literature review to define the theoretical framework; the second step is based on a descriptive cross-sectional quantitative method. By doing so, the study aims to explore the development in the use of prisons for crimes against public administration in Perú. The research shows that there is an overlap between the peak moments in which symbolic criminal law has been enforced and the high rate of pretrial detention, followed by an increase in prison admission figures. © Carocci Editore S.p.A.

Instituciones: Universidad Privada de Tacna