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In this paper, the author conducts a study of the various sexual crimes that threaten the sexual indemnity of minors under 18 years of age, taking into account the constituent elements of the crimes, as well as the norms that punish them. The author begins by pointing out that these crimes have undergone a series of changes that have reflected an intense legislative evolution in recent years. To that extent, it is important to analyze these changes and determine the scope of these rules for the justice system. Under this premise, it is relevant to develop the main criminal offenses against minors, such as rape or carnal access, indecent assault, trafficking in persons, child sexual exploitation and pimping. In this context, this article addresses the problems surrounding the rules that deal with these crimes; it also examines the procedural rules, which highlight the importance of protec...
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This article examines the objective conditions of punishability and their treatment in the Peruvian criminal process. It analyzes the doctrinal confusion about this concept, highlighting that, although guilt is necessary, it is not always sufficient to impose a criminal sanction, since the concurrence of circumstances external to the criminal type, known as objective conditions of punishability, is indispensable. Likewise, it presents a distinction between these and the conditions of actionability or prosecutability, emphasizing that the former refer to elements external to the crime that condition the imposition of the penalty, while the latter affect the validity of the criminal proceeding. In addition, the incorporation of these institutions into substantive criminal law and their dogmatic evolution are mentioned. Finally, specific cases in Peruvian jurisprudence are discussed, such a...
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There is no doubt that case law plays a fundamental role in the interpretation and application of the law. However, a number of problems remain. One of them is the possible tension between constitutional and ordinary jurisdiction. With this in mind, the author undertakes an in-depth reflection on the role of jurisprudence in the national legal system, with particular emphasis on the constitutional and criminal contexts. In order to do so, it is necessary to first address two essential points: (i) to define the constitutional function and jurisprudence and its relationship with the ordinary jurisdiction; and (ii) to understand that, despite the existence of a link between one jurisdiction and the other, we are talking about two different models. Once the picture has been clarified, it can be understood that criminal law is subsumed within the constitutional framework, which is subject to ...
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