Bibliographic citations
Paredes, C., (2023). El delito cliente del adolescente del artículo 129-J del código penal y su incidencia en el principio de lesividad del derecho penal [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/10357
Paredes, C., El delito cliente del adolescente del artículo 129-J del código penal y su incidencia en el principio de lesividad del derecho penal [Tesis]. PE: Universidad Privada Antenor Orrego - UPAO; 2023. https://hdl.handle.net/20.500.12759/10357
@misc{renati/374661,
title = "El delito cliente del adolescente del artículo 129-J del código penal y su incidencia en el principio de lesividad del derecho penal",
author = "Paredes Zavaleta, Claudia Lizett",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2023"
}
The crime of the Client of the Adolescent typified in the Penal Code in its article 129- J, based on the analysis carried out, our legislators consider it one of the criminal types with the highest incidence compared to crimes against life and others. The description of the factual assumption misplaced within the crimes against human dignity, in the exploitation chapter, is a scenario in which the passive subject is a minor between fourteen and less than eighteen years of age free, the active subject is a sexual client, who, without violence, threats, or in any situation of vulnerability, maintains carnal access with any person in exchange for economic advantage or of any kind. This norm would violate the principle of harmfulness of criminal law described in article IV of the preliminary title of the Penal Code, since it sanctions - even with a very high penalty- the conduct of those who consensually have sexual relations in exchange for economic advantage or benefit with a person who, although a minor, according to civil law enjoys freedom to dispose of their sexuality for which no protected legal right would be harmed. The basis for such a punishment is that the client, by agreeing to sexual intercourse with a person over fourteen and under eighteen in exchange for an economic advantage, would be contributing to the prostitution of the minor and in some way exposing him to a situation of exploitation or, in any case, case, affecting his dignity as a human person. However, said basis would not be sufficient to penalize the conduct. That is why, in order to determine a possible abrogation of the criminal type, field work was carried out in which a certain sample was chosen in order to survey it and thus, contrast what was studied and compiled; managing to conclude that the punishability of the crime Client of the adolescent, violates the harmfulness as a principle in its excessive state punitive function.
This item is licensed under a Creative Commons License