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Cómo Aplicar el Código Penal Peruano en la Práctica: Un Estudio del Tomo II



Codigo Penal Comentado Gaceta Juridica Tomo II




If you are interested in learning more about the Peruvian criminal law, you may want to read the Codigo Penal Comentado Gaceta Juridica Tomo II. This is a comprehensive commentary on the second volume of the Peruvian Criminal Code, written by renowned experts in the field. In this article, we will explain what this book is, who wrote it, and what topics it covers. We will also provide some examples of the analysis and interpretation that you can find in this valuable resource.




codigo penal peruano comentado gaceta juridica tomo ii


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Introduction




What is Codigo Penal Comentado?




Codigo Penal Comentado is a series of six books that offer a detailed and systematic commentary on the Peruvian Criminal Code. The code was enacted in 1991 and has been amended several times since then. The commentary aims to provide a clear and updated explanation of the legal norms, as well as their doctrinal and jurisprudential foundations. The commentary also includes references to comparative law and international human rights standards.


What is Gaceta Juridica?




Gaceta Juridica is a prestigious publishing house that specializes in legal books and journals. It was founded in 1984 and has become one of the leading sources of legal information in Peru and Latin America. Gaceta Juridica has published more than 2,000 titles on various branches of law, such as constitutional law, civil law, administrative law, labor law, tax law, and criminal law. Gaceta Juridica also organizes seminars, conferences, and courses for legal professionals and students.


What is Tomo II?




Tomo II is the second volume of the Codigo Penal Comentado series. It covers the articles 20 to 45 of the Peruvian Criminal Code, which correspond to the Parte General (General Part) of the code. The Parte General establishes the general principles and rules that apply to all criminal offenses and sanctions. It defines the concepts of criminal responsibility, culpability, imputability, causation, justification, excuse, aggravation, mitigation, penalties, measures, and extinction of criminal liability.


Main content




Título III: De la responsabilidad penal




This title deals with the concept and conditions of criminal responsibility. It explains when a person can be held liable for committing a crime and when he or she can be exempted or reduced from liability.


Artículo 20: Inimputabilidad




This article establishes that a person is not criminally responsible if he or she suffers from a mental disorder or disability that prevents him or her from understanding the unlawfulness of his or her actions or from acting according to that understanding. It also states that a person is not criminally responsible if he or she acts under the influence of an irresistible force or an insurmountable fear.


The commentary analyzes the criteria and evidence for determining the existence and degree of inimputability. It also discusses the legal consequences of inimputability, such as the application of security measures instead of penalties.


Artículo 21: Eximentes de responsabilidad penal




This article lists the circumstances that exclude criminal responsibility even if the person acts with intent or negligence. These circumstances are:


  • Legitimate defense



  • Fulfillment of a legal duty or exercise of a legitimate right



  • State of necessity



  • Consent of the victim



  • Error of prohibition



  • Provocation



  • Obedience due



The commentary explains the elements and requirements of each circumstance. It also examines the cases and limits of their application.


Artículo 22: Atenuantes de responsabilidad penal




This article enumerates the factors that mitigate criminal responsibility even if they do not justify or excuse the conduct. These factors are:


  • Minor age between 18 and 21 years old



  • Diminished capacity due to mental disorder or disability



  • Intense emotion or violent passion



  • Grave provocation



  • Reparation or compensation to the victim



  • Confession before trial



  • Collaboration with justice



  • Other analogous circumstances



The commentary explores the nature and effects of each factor. It also compares them with other similar concepts in criminal law.


Artículo 23: Agravantes de responsabilidad penal




This article indicates the circumstances that aggravate criminal responsibility even if they do not constitute an element of the offense. These circumstances are:


  • Abuse of authority or public office



  • Abuse of trust or confidence



  • Abuse of superiority or vulnerability



  • Cruelty or ferocity



  • Avarice or greed



  • Racial, religious, sexual, or other discrimination



  • Treason or disloyalty



  • Recidivism or habitual delinquency



  • Other analogous circumstances



The commentary examines the meaning and scope of each circumstance. It also evaluates their compatibility with other principles and rules in criminal law.


Título IV: De las consecuencias jurídicas del delito




This title deals with the concept and types of legal consequences that derive from committing a crime. It explains what kinds of sanctions can be imposed on offenders and how they are determined and executed.


Artículo 24: Penas principales y accesorias




This article distinguishes between two categories of penalties: principales (main) and accesorias (accessory). The main penalties are those that directly affect the offender's liberty, property, or rights. The accessory penalties are those that are added to the main penalties as a complement or consequence. The article also classifies the main penalties into three groups: privativas de libertad (deprivation of liberty), restrictivas de libertad (restriction of liberty), and limitativas de derechos (limitation of rights).


The commentary clarifies the criteria and purposes for imposing different kinds of penalties. It also analyzes their constitutionality and proportionality.


Artículo 25: Penas privativas de libertad




This article defines and regulates the penalties that consist of depriving the offender's liberty by confining him or her in a prison or detention center. These penalties are:


  • Pena de cadena perpetua (life imprisonment)



  • Pena privativa de libertad no menor de treinta y cinco ni mayor de cuarenta años (imprisonment for not less than thirty-five nor more than forty years)



  • Pena privativa de libertad no menor de veinticinco ni mayor de treinta y cinco años (imprisonment for not less than twenty-five nor more than thirty-five years)



  • Pena privativa de libertad no menor de veinte ni mayor de veinticinco años (imprisonment for not less than twenty nor more than twenty-five years)



  • Pena privativa de libertad no menor de quince ni mayor de veinte años (imprisonment for not less than fifteen nor more than twenty years)



  • Pena privativa de libertad no menor de diez ni mayor de quince años (imprisonment for not less than ten nor more than fifteen years)



Pena privativa de libertad no menor


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