The Executive promulgated today, Monday, September 22, a law promoted by Congress that modifies the Criminal Code and incorporates the crime of “systematic crime”, which establishes that those who commit crimes such as extortion, sicariato or other crimes will be sentenced to life imprisonment. However, specialists have described this measure as “populist” and warn that It will not be effective to stop the wave of violence It affects the country.
Originally, the proposal was known as “urban terrorism”, but legislators opted for the term “systematic crime” by incorporating article 318-B into the Criminal Code. This law was published in the Official Gazette El Peruano under Law No. 32446.
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“The one that, through the use of ammunition, military or civil fire armament, explosive artifacts or others of similar characteristics, cause or perform behaviors typified as crimes of kidnapping, extortion, hired crescent, qualified homicide and aggravated robbery, creating anxiety or terror in the population or a part of it; it will be repressed with life imprisonment,” says the document.
New official law will not be effective
According to Benji Espinoza, a criminal lawyer, the new official law is a “populist measure” that, in his opinion, generates a “nephew”, since it is They are imposing more severe punishments for crimes that are already properly sanctioned. He explained that the crime of terrorism It refers to acts that threaten the life, body, health and integrity of people, which is already covered by current legislation.
Therefore, he argued that imposing life imprisonment for crimes such as extortion or sicariate, when in many cases they already carry extremely severe sentences, he does not add anything new to the criminal system.
Espinoza said that this modification of the Criminal Code is a measure that seeks to give a “feeling of fighting crime” without a real basis. He argued that, the message that is intended to be sent is “False and empty”since the structural problem of crime is not being addressed.
“This law is not going to change anything,” he said. In addition, he mentioned that the sicariate and extortion will continue to increase because there is no serious or legislative criminal policy. “No concrete proposal is seen as a substantiated to solve real security problems in the country.”
Espinoza also criticized the idea of “Increase the thickness of the Criminal Code” as a solution to crime. According to him, “increasing penalties does not reduce crime”, a reality that has been demonstrated in various countries throughout history. In fact, he pointed out that those countries with tougher sentences are usually the ones that face the greatest crime rates.
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For Jonathan Correa, criminal lawyer of the Ugaz Zegarra Correa study, the creation of a new aggravating type does not make much sense if, there are already aggravating ones for crimes such as kidnapping or extortion, which already contemplate sentences of life imprisonment and aggravating chain related to the use of firearms, among others.
He explained that “It is useless to create new criminal types if there is no real and structural implementation “both at the level of investigation and in the ability of the judicial system to carry out the proceedings effectively.
He also indicated that this measure only changes the name of the crime, formerly called “urban terrorism”, to give the impression that new types of crime are being punished, when in reality it was already severely penalized crimes.
The lawyer also questioned the effectiveness of imposing life imprisonment without a real change in the prison. “What is the use of life imprisonment if criminals within prisons continue to operate? Some even create their own structures within the prison, with their own leadership and regime,”
“Increasing penalties does not solve the problem; it is a simplistic vision that does not respond to the root of the crime,” he added.
Correa said that what is needed are “more integral” reforms, which address both police prevention and action, and the effective execution of sentences in the prison. For him, a “normative and institutional modification” is essential that allows organized crime and structures that feed him to be more effectively address.
