Citas bibligráficas
Ortiz, A., (2022). Controversia Jurídica entre el fenómeno mercantilizado del sicariato y el homicidio por lucro en Lima, 2021 [Universidad Peruana de Las Américas]. http://repositorio.ulasamericas.edu.pe/handle/upa/2570
Ortiz, A., Controversia Jurídica entre el fenómeno mercantilizado del sicariato y el homicidio por lucro en Lima, 2021 []. PE: Universidad Peruana de Las Américas; 2022. http://repositorio.ulasamericas.edu.pe/handle/upa/2570
@misc{renati/6216,
title = "Controversia Jurídica entre el fenómeno mercantilizado del sicariato y el homicidio por lucro en Lima, 2021",
author = "Ortiz Villanueva, Adriana Isabel",
publisher = "Universidad Peruana de Las Américas",
year = "2022"
}
The objective of this research work is to analyze the uncertain and questionable promulgation of Legislative Decree No. 1181 dated July 27, 2015, which incorporates into our criminal legal system the typical formula of hired assassins established in the latest article 108 - C of the Penal Code. In Peru, specifically in Lima, violent actions have been taking place and, above all, the famous assassinations by order or by price (commercialized), with the appearance of criminal organizations dedicated to the business of death. These criminal acts were aggravated with the appearance of criminal groups using minors to commit the crime (criminal offense). In recent years crime has increased notably, being informed every day by the written, spoken and televised press about those crimes of social impact such as murders, armed robberies, rapes; as well as on criminal organizations that are constituted in order to be able to perpetrate these acts of violence, which threaten citizen security and weaken the criminal policy designed by the state. Faced with this serious alarming situation, the State, in its desire to prevent, combat and eradicate delinquency and organized crime in all its forms, and in the exercise of the facultative power it holds, issues countless regulations in order to impose high penalties against those behaviors that threaten protected legal assets, being that in many cases, despite the fact that it does not constitute an appropriate decision for the solution of this dangerous scourge such as criminality, it issues these norms to mitigate uncontrolled violence. In this sense, article 180-C is incorporated into the Penal Code, which contemplates the hired killer as an autonomous figure, noting that said insertion is due to a normative vacuum which caused impunity in the cases where hired assassins occurred, for which a person kills in exchange for an economic consideration, not considering that, the same substantive code already existed a criminal figure with similar characteristics as reflected in Art. 108 numeral 1, described as qualified homicide in its greed and profit modality, generating the controversy that is the subject of analysis in this research work. Due to the above lines, the work focuses on analyzing the problems that have arisen after the issuance of the aforementioned legislative decree, which is evidenced mainly in two areas, first, from the angle of criminal policy, due to the fact that considers that the latest crime of contract killing responds to a manifestation of a symbolic criminal law and that it has been promoted by a populist policy that has been practiced in our country and that starts from the understanding that criminal law is the first ratio where high penalties would solve crime problems, without addressing the true causes of the crime problem in our country, such as the so-called influential factors that motivate the so-called crimes of social upheaval, such as unemployment, poverty, school dropouts, dysfunctional homes, etc. In a second place and mainly, its normative regulation has been questioned, so that an important sector of the national doctrine has questioned the autonomous regulation of the crime of contract killing, considering that its regulation is redundant, since its content would already be regulated by the crime of murder for profit, indicated ut supra, which in the opinion of this position would generate the existence of two penal norms with the same prohibited content but with different penalties, among which the judge will choose the penal norm more favorable to the agent of the crime, which would make the criminal type of contract killer inapplicable, since it is the crime that has a more serious penalty, consequently less favorable to the accused. However, for another sector of the national doctrine, they approve the autonomous regulation of the crime of contract killing, because they consider that it is a broad criminal figure, part of determining the differences between this latest criminal type and the crime of murder for profit, to conclude that in strict application of the specialty principle, the crime is prosecuted and sanctioned with drastic penalties after due criminal process, which demonstrates the unnecessary autonomous regulation of hired killers.
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