EL ERROR EN LA EVALUACIÓN DEL PERFIL DEL ADOLESCENTE INFRACTOR EN PERÚ

Abstract

With the promulgation of the Code of Criminal Responsibility of Adolescents (CRPA), Legislative Decree No. 1348 (06/01/2017), it was proposed to address the social problem that caused the participation of adolescents in cases of social and criminal connotation of extreme violence in Peru , especially when children and adolescents were registered in hired acts. However, the results have not been positive especially because there have been criticisms of the scope of the legislation, in the field of evaluation of specialized judicial practice and from the perspective of the analysis of the criminal and criminal policy executed. Consequently, the CRPA records defects in both substantive and procedural matters that limit its own legitimacy and questions its validity, mainly due to the fact that an equivalence of criminological conditions recorded in crimes committed by adults has been executed. The normative evaluation, the casuistry generated and the weak reference impact of the CRPA in the criminological statistics allow to detail the registration of an essential defect: the evaluation of the profile of a teenager involved in a criminological situation has not been correctly designed and therefore the judicial process in the procedural and in the expert it provokes an interpretation of the facts and generates a procedure that could be unconstitutional because the offending adolescent is being assigned a condition equivalent to that of an adult, because the reform of the Peruvian Civil Code, with the Legislative Decree No. 1377 cannot be applied to the criminal context.