SURVEY OF CRIMINAL POLICY IN PERU (FROM ARCHIVES DE POLITIQUE CRIMINELLE, V 2, 1977)

• NCJ Number: 60178
• Author(s): H POZO
• Date Published: 1977
• Length: 9 pages
• Sponsoring Agency: Alexander Von Humboldt Foundation
• Corporate Author: Editions A Pedone
• Publication Format: Document
• Publication Type: Historical Overview
• Language: French
• Country: France

Annotation

THE PERUVIAN PENAL SYSTEM AND ITS DEVELOPMENT ARE BRIEFLY OUTLINED.

Abstract

MAJOR FACTORS INFLUENCING THE SYSTEM WERE PERU'S COLONIZATION BY SPAIN, ITS POLITICAL DEPENDENCE ON THE UNITED STATES AND EUROPE, AND ITS SOCIECONOMIC UNDERDEVELOPMENT. THE PENAL CODE INTRODUCED IN 1924 TO REPLACE A STRICTLY PUNISHMENT-ORIENTED CODE AFTER THE SPANISH MODEL PROVIDED FOR INDIVIDUALIZATION OF PUNISHMENT ACCORDING TO CULPABILITY, ELIMINATION OF THE DEATH PENALTY AND DIVERSE PARALLEL PENALTIES, A SYSTEM OF PENALTIES CONSIDERING BOTH PREVENTION AND SAFETY, PREVENTIVE TREATMENT FOR JUVENILES, ATTENTION TO CULTURAL DIFFERENCES AMONG NATIVE TRIBES, PROBATION AND FINES, CONDITIONAL RELEASE, REHABILITATION, AND CRIMINALIZATION OR DECRIMINALIZATION OF CERTAIN OFFENSES. THE LAWS HAD NO IMMEDIATE EFFECT BECAUSE OF THE FAILURE OF THE COURT SYSTEM TO REVISE ITS REPRESSIVE ATTITUDES. SINCE THAT TIME, THE DEATH PENALTY HAS BEEN REINSTATED, ESPECIALLY FOR ATTACKS ON THE POLICE OR MEMBERS OF THE GOVERNMENT, OFFENSES AGAINST THE HEALTH CODE HAVE BEEN EXAGGERATED IN THEIR IMPORTANCE, LEGISLATORS HAVE DISPLAYED RELUCTANCE TO REPLACE REPRESSIVE REGULATIONS WITH MORE HUMANE ONES, AS IN APPLICATION OF PROBATION, AND CASES OF DECRIMNALIZATION HAVE BEEN GEARED TO PRACTICAL FACTORS ALONE. THE FAILURE OF MANY OF THE 1924 INNOVATIONS HAS BEEN DUE TO INSUFFICIENCIES OF CRIMINAL PROCEDURES; HOWEVER, CERTAIN PROCEDURAL ADVANCES HAVE ALSO BEEN MADE, I.E., REQUIRING THE PRESENCE OF THE ACCUSED DURING SENTENCING AND EMPHASIZING THE NEED FOR SPEEDY JUSTICE. LEGISLATION FOR CORRECTIONAL INSTITUTION REFORM AND FOR PREVENTION OF RECIDIVISM, AS WELL AS SPECIAL MEASURES FOR TREATMENT OF JUVENILES HAVE BEEN PASSED BUT NOT APPLIED IN PRACTICE. IMPLEMENTATION OF FOREIGN LAW MODELS IS ONLY IN ITS INITIAL STAGES BECAUSE OF THE GOVERNMENT'S FINANCIAL LIMITATIONS; FAILURE TO PRODUCE A CAREFULLY PLANNED, EFFECTIVE CRIMINAL POLICY; LACK OF RESEARCH ON NATIONAL CRIME PROBLEMS; SUPPORT OF A REPRESSIVE SYSTEM IN CODES OTHER THAN THE PENAL CODE AND THE PROCEDURAL CODE; THE GOVERNMENT'S BLOW-FOR-BLOW REACTION TO CRIME; AND THE VERY DIFFICULT SOCIOECONOMIC SITUATION. NOTES ARE FURNISHED. --IN FRENCH. (KMD)