In this research, the issue of identity of the Community and the application of the Ius Puniendi, punitive capability inherent in the State addressed, through their legal practitioners, as a means of preserving the cultural heritage. The main objective of the thesis is to demonstrate the need for the consolidation of community identity with their cultural heritage in the towns: Hamlet of Marcahuamachuco, Huamachuco District - La Libertad and the District Commander Noel, Casma Province - Ancash and proper implementation of the Ius Puniendi, to protect and conserve it. The research problem is to determine that the identity of the community and the proper implementation of the Ius Puniendi contribute to the preservation of cultural heritage of localities: Hamlet of Marcahuamachuco, Huamachuco District - La Libertad and the District Commander Noel , Casma Province - Ancash. Likewise, the hyp...