Apropósito de la modificación constitucional de la Ley N° 30650. The Political Constitution of the State and the Penal Code recognize the statute of limitations as one of the assumptions of extinction of the criminal action. In other words, the statute of limitations...
Another tragedy that could have been avoided…
"Don't expect different results if you always do the same", famous phrase of A. Einstein that we should put into practice if we do not want to continue lamenting the systematic and useless loss of human lives, product of the combination of the passivity and...
Injunction order against sale of elm project shares
The Ad Hoc Public Prosecutor's Office for the Lava Jato case in the framework of its attributions established in Legislative Decree No. 1068 - Law of Legal Defense of the State and art. 40° of its Regulations, Supreme Decree No. 017-2008-JUS which regulates that...
Minimum solidarity or guarantor position
(The case of the businessman Guillermo Riera Díaz) In the case of the businessman Guillermo Riera Díaz, the Criminal Court ordered preventive detention for the term of 9 months for the alleged commission of the crimes of culpable homicide, in aggravation of three...
The new approach to the crime of environmental pollution
Legislative Decree No. 1351, within the various amendments made to several articles of the Criminal Code, proceeded to leave without effect the first part of the first paragraph of section 304 of the aforementioned body of law, referring to the base type of the crime...
The blessed article 393 of the Code of Civil Procedure and its consequences.
Among the novelties brought to us in 1993 by the Code of Civil Procedure was the Appeal for Cassation, in merit of which our Supreme Court supposedly left the role of third instance that it had been fulfilling during the validity of the Code of Civil Procedure of 1912...
Tax amnesty, tax crime and money laundering
The purpose of Legislative Decree No. 1264 published on December 11, 2016 is to establish a temporary and substitute income tax regime that allows taxpayers (individuals, undivided estates and conjugal partnerships) domiciled in the country to declare and, if...
The judicial Agony
"The reasonable man adapts himself to the world: the unreasonable man persists in trying to adapt the world to himself. Therefore, all progress depends on the unreasonable man." Man and Superman-George Bernard Shaw Today we live in an accelerated way, as a consequence...
The safety of pipeline infrastructure.
Will Legislative Decree No. 1245 really guarantee the safety of the pipeline infrastructure? Law No. 30506, in article 2) numeral 2) literal a) provides that the legislature delegates to the executive the power to legislate with the purpose of establishing...
Money laundering prevention culture in the Peruvian financial sector
It is said that money laundering is a process by which assets of criminal origin are inserted into the financial system in order to give them an appearance of legality as if they had been obtained legally. This criminal phenomenon directly affects the legitimacy and...