The autonomy of the civil claim in the Peruvian criminal process: analysis of the cases of dismissal and acquittal sentence
DOI:
https://doi.org/10.15381/lucerna.n6.27979Keywords:
civil reparation, criminal process, dismissal, acquittal, autonomy of the civil claim, restorative justiceAbstract
This article analyzes the autonomy of the civil claim in the Peruvian criminal process, with special emphasis on the cases of dismissal and acquittal. The main objective is to establish the dogmatic bases that support and legitimize the civil claim accumulated to the criminal process in these cases. For this purpose, a qualitative methodology with a legal-normative approach was used, resorting to the documentary analysis of doctrinal, legal and jurisprudential sources, both national and international. The results show that the civil claim, given its compensatory nature and its basis in the damage caused, must maintain its autonomy with respect to the punitive claim. Deficiencies were identified in the practical application of civil reparations in the Peruvian criminal process, including problems in the evidentiary process, motivation of resolutions and effective execution. Likewise, an international trend was observed towards the recognition of the autonomy of the claim for compensation and the adoption of a comprehensive reparation approach. It was concluded that it is feasible and necessary to establish civil reparations in cases of dismissal or acquittal, based on the private nature of the claim for compensation and the protection of the victim’s rights. It is recommended to strengthen victim assistance mechanisms, develop uniform criteria for the determination of civil reparation in these cases, and move towards a restorative justice model that complements the traditional punitive response.
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Copyright (c) 2024 Reyna More Chumacero
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