Murder in Peruvian law

Articles 108 through 108-C of the {{ill|Penal Code of Peru|es|Código Penal del Perú}} define crimes similar to those known as murder in Anglophone countries. The term {{lang|es|asesinato}} ("murder") is no longer used in the Penal Code since 2014.

Article 108: Qualified homicide

{{lang|es|Homicidio calificado}}, known formerly as {{lang|es|homicidio calificado – asesinato}}, is the killing of another in any of the following circumstances:

For ferocity, cupidity, profit, or for pleasure
To facilitate or hide another crime
With great cruelty or treachery
By fire, explosion, or other method which is capable of placing in danger the life or health of other persons

It is punishable by deprivation of liberty of at least 15 years. The specific mention of poison in the fourth provision, and the term {{lang|es|asesinato}}, was removed by Law No. 30253 of 24 October 2014.{{cite book|chapter-url=http://spij.minjus.gob.pe/content/publicaciones_oficiales/img/CODIGOPENAL.pdf#page=91|chapter=Libro Segundo, Título Uno (delitos contra la vida, el cuerpo, y la salud), Capítulo I (Homicídio) [Book Two, Title One (offences against life, body, and health], Chapter 1 (Homicide)|title=Decreto Legislativo Nº 635: Código Penal|trans-title=Legislative Decree No. 635: Penal Code|publisher=Ministry of Justice and Human Rights|location=Peru|date=May 2016|access-date=10 March 2018|language=es}}

Historically, qualified homicide had been one of the only crimes subject to capital punishment in Peru. The {{ill|Constitution of Peru (1856)|lt=1856 Constitution|es|Constitución de la República Peruana de 1856}} abolished the death penalty for all crimes, but four years later Article 16 of the {{ill|Constitution of Peru (1860)|lt=1860 Constitution|es|Constitución Política del Perú de 1860}} restored it solely for the crime of qualified homicide.{{cite journal|url=https://www.sijufor.org/uploads/1/2/0/5/120589378/pena_de_muerte_y_politica_criminal_-_hurtado_pozo_jose.pdf|first=José|last=Hurtado Pozo|title=Pena de muerte y política criminal en el Perú|trans-title=Death penalty and crime policy in Peru|journal=Anuario del Derecho Penal|year=2007|page=111|access-date=12 March 2018|language=es}} The Law of 11 May 1861 defined fifteen circumstances in which a killing would constitute the crime of qualified homicide, closely following the definition in Article 15 of the 1859 Penal Code.{{harnvb|Hurtado Pozo|2007|p=112}} Article 232 of the 1862 Penal Code restricted this to five circumstances, though a separate article also imposed the death penalty for the crime of parricide, which had previously been included as qualified homicide under the 1861 law.{{harnvb|Hurtado Pozo|2007|p=113}} Article 15 of the {{ill|Constitution of Peru (1867)|lt=1867 Constitution|es|Constitución Política del Perú de 1867}} subsequently abolished capital punishment again, but it was in effect only briefly before the 1860 Constitution was restored.{{harnvb|Hurtado Pozo|2007|p=114}}

Article 21 of the {{ill|Constitution of Peru (1920)|lt=1920 Constitution|es|Constitución para la República del Perú de 1920}} continued to permit capital punishment specifically in cases of treason and qualified homicide, but in practice the drafters of legislation only exercised this power for treason. Articles 151 and 152 of the 1924 Penal Code, defining the crime of qualified homicide, specified life imprisonment as the maximum penalty.{{harvnb|Hurtado Pozo|2007|pp=118–9}} Article 51 of the {{ill|Constitution of Peru (1933)|lt=1933 Constitution|es|Constitución Política del Perú de 1933}} also continued to permit capital punishment for treason and qualified homicide.{{harvnb|Hurtado Pozo|2007|p=119}} However, life imprisonment remained the maximum statutory penalty for qualified homicide until Decree Law No. 10976 of 25 March 1949 increased the penalty to death once again. Other laws in the 1970s further extended capital punishment to other forms of homicide besides qualified homicide, but the {{ill|Constitution of Peru (1979)|lt=1979 Constitution|es|Constitución para la República del Perú de 1979}} subsequently abolished capital punishment once again for all crimes except wartime treason.{{harvnb|Hurtado Pozo|2007|p=125}} The 1993 Constitution provided that capital punishment could also be imposed for the crime of terrorism, but not for qualified homicide. Furthermore, Article 4 of the American Convention on Human Rights bars signatory states such as Peru from re-establishing capital punishment for crimes to which it did not apply at the time of accession to the convention.{{harvnb|Hurtado Pozo|2007|pp=128–129}}

Article 108-A: Homicide qualified by the condition of the victim

The killing of certain government officials, including members of the National Police, the Armed Forces, a judicial magistrate, a public minister, a member of the Constitutional Court, or an elected official, in or as a consequence of the exercise of their official functions, is punishable by deprivation of liberty of between 25 and 35 years.

Article 108-B: Feminicide

The killing of a woman in the context of domestic violence; of coercion, harassment, or sexual assault; of abuse of power or similar; or of discrimination against women, is punishable by deprivation of liberty of no less than 15 years. The minimum sentence is increased to 25 years in the presence of certain aggravating circumstances, including if the victim is a minor, or is pregnant.

Article 108-C: Assassination

{{lang|es|Sicariato}}, the crime of killing a person at the order of another to obtain an economic benefit for one's self or another person, is punishable by deprivation of liberty of no less than 25 years. It is also a crime (under Article 108-D) to conspire in promoting or facilitating such a killing, or to act as an intermediary in arranging one, regardless of whether the killing is committed.

Contrast with other types of homicide

Under Article 106, {{lang|es|homicidio simple}} ("simple homicide") carries a maximum penalty of 20 years. The absence of premeditation is an important element distinguishing simple homicide from qualified homicide.{{cite news|url=https://peru21.pe/lima/caso-jose-yactayo-diferencia-homicidio-simple-calificado-73496|title=Caso José Yactayo: ¿Cuál es la diferencia entre homicidio simple y calificado?|trans-title=The case of José Yactayo: what is the difference between simple and qualified homicide?|work=Perú 21|date=20 April 2017|access-date=12 March 2018|language=es}}

{{lang|es|Homicidio por emoción violenta}} ("homicide with violent emotion"; Article 109 of the current Penal Code, Article 153 of the 1924 Penal Code) may be compared to the crime of voluntary manslaughter in U.S. law.{{cite book|url=https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/27/1178.pdf|title=Matter of S., in Deportation Proceedings A-10654545|publisher=Board of Immigration Appeals|location=United States|date=1 November 1961|access-date=10 March 2018}} It carries a sentence of three to five years' deprivation of liberty, except when it also involves the crime of parricide as defined in Article 107, in which case the sentence is increased to five to ten years.

Murder in Peruvian law

Article 108: Qualified homicide

Article 108-A: Homicide qualified by the condition of the victim

Article 108-B: Feminicide

Article 108-C: Assassination

Contrast with other types of homicide

See also

References

Further reading