Ius vocatio

Presentation

Angélica Aquino Suárez — 2025-06-30

The Third Party Interested in the Crime of Influence Trafficking: Merit Criminal Punishment?

Rolando Bustillos Cuba — 2025-06-30

The purpose of this article is to analyze the role of the interested third party in the crime of influence peddling, as well as the impact of their participation in corruption and the need to sanction these agents in the fight against corruption. The interest of this study lies essentially in determining how the participation of the interested third party influences the dynamics of influence peddling and how its sanction is relevant for the purpose of discouraging acts of corruption. The study has a positive impact on the legal community, since it provides relevant information on how the criminal liability of the interested third party can have an impact on the reduction of the crime rate. Thus, by addressing this problem, it contributes to the issuance of high-impact public policies aimed at fighting corruption. It is concluded that the criminal sanction of the interested third party is necessary to discourage the commission of the crime of influence peddling, because if there is no active participation of these subjects, the crime loses its purpose and context.

Clash of Tools? Emergency Arbitration vs. Judicial Interim Measures: A Comparative Analysis and Efficiency in Dispute Resolution

María del Carmen Gallardo Neyra — 2025-06-30

In dispute resolution, interim relief is essential to prevent irreparable harm before a final decision is issued. This paper compares two key mechanisms: emergency arbitration and traditional interim measures outside the judicial system, examining their advantages and limitations. Through a detailed study, emergency arbitration is compared with interim measures requested before the Judiciary, in order to provide a clear perspective on the effectiveness of each mechanism based on the interests of the party seeking judicial protection. Additionally, the figure of the emergency arbitrator is analyzed, as a tool used by a litigant when the Arbitral Tribunal has not yet been constituted. Furthermore, the regulation of the innovative tool of the Emergency Arbitrator in Peru is examined. Finally, the paper highlights the importance of emergency arbitration as a valuable mechanism that generates a positive impact on dispute resolution.

The Judiciary and the Constitutional Court: Tensions Regarding Res Judicata and the Principle of Independence

Jaime Geronimo De la Cruz — 2025-06-30

This paper aims to elucidate the tensions that are currently arising between two fundamental pillars of the State, namely the Judiciary (hereinafter PJ) and the Constitutional Court (hereinafter CC). Although the latter plays a very important role, its intervention in jurisdictional matters can create uncertainty and undermine legal certainty. In this sense, the overestimation of powers by the CC could threaten the independence enjoyed by the PJ. This becomes evident when the CC reviews judicial rulings that have already acquired the status of res judicata, which is concerning, as it may violate the principle of immutability of judicial decisions.

Furthermore, the paper analyzes whether it is appropriate for constitutional relief actions (amparo) to be reviewed by the CC after being rejected twice by the PJ, or in the case of habeas corpus, even when filed against Supreme Court decisions. To this end, the paper references the legal framework in Chile, where amparo and habeas corpus claims fall exclusively within the PJ’s jurisdiction. This has helped reduce the CC’s caseload and allowed it to focus on its core function of constitutional interpretation and oversight.

The justification and significance of this study lie in the legal instability resulting from the tensions between the two institutions under analysis. In this regard, the paper doctrinally and normatively examines the functions and powers of both institutions in order to identify the root of the conflict.

Finally, it concludes that although the Constitution grants powers to the CC, it must not expand its interpretation beyond what the supreme norm provides, as doing so could interfere with the functions of other institutions and generate conflicts that threaten the country’s stability.

The Legal Nature of the Crime of Failure to Provide Family Support and its Impact on the Statute of Limitations for Criminal Prosecution, from the Perspective of the Best Interests of the Child Principle

Rocio Angelica Marin Sandoval — 2025-06-30

This paper aims to analyze the legal nature of the crime of failure to provide family support, specifically whether it constitutes an instantaneous or continuing offense. The interest in studying this issue lies in the fact that, to date, there is no unanimous consensus regarding the legal nature of the aforementioned crime. Some consider it to be an instantaneous offense, while others argue that it is a continuing one. Determining its legal nature is of utmost importance in order to avoid an erroneous interpretation regarding the commencement of the statute of limitations for criminal prosecution, as this will differ depending on whether the offense is considered instantaneous or continuing, pursuant to Article 82 of the Criminal Code. The conclusion reached is that the crime of failure to provide family support is of a continuing nature, as it aligns with the Best Interests of the Child principle, thereby ensuring the rights of the child entitled to support.

Legal Grounds for the Disposal of Judicial and Administrative Documents of the Peruvian Judiciary

Alex Junior Rios Rengifo — 2025-06-30

This paper aims to develop the legal grounds for determining the disposal of judicial and administrative documents of the Peruvian Judiciary. To this end, the current state of the Judiciary’s archives was analyzed, identifying the existing issue of overload. A legal analysis of the regulatory framework of the Peruvian National Archives System was conducted to identify the document disposal process and determine its feasibility within the Peruvian Judiciary, through a series of questions that enabled the identification of legal assessment criteria for judicial files and administrative documents found in judicial files.

Judicial supplementary investigation and crime impunity

Eloisa Tucto Livia — 2025-06-30

In light of the crime wave currently affecting the country, it is essential to address this issue from multiple fronts, with the aim of eradicating it or at least mitigating its effects. In this regard, the justice system must be equipped with clear and effective rules designed to combat impunity. Under our criminal procedural system, it is possible to order a supplementary investigation when the prosecutor requests case dismissal, subject to an objection from the parties involved or when ordered by the senior prosecutor upon elevation of the case files. In such situations, the role of the judge is almost passive. Therefore, it is necessary to grant the judge the authority to directly order such a supplementary investigation in cases where they reasonably disagree with the dismissal request, clearly specifying the actions the prosecutor must undertake and the time frame for completion. The method employed was documentary analysis, leading to a conclusion consistent with our research objective.

Indeterminacy and Overlap Issues Between the Crimes of False Statement in Administrative Proceedings and Procedural Fraud: A Proposal for Systematic and Teleological Interpretation

Brian Saul Verde Campos — 2025-06-30

The Constitutional Rule of Law requires, in accordance with the principle of legality, the establishment of criminal offenses that allow all citizens to organize their behavior properly, without doubt or confusion. To achieve this, the law must be marked by a special degree of precision and specificity, enabling a clear differentiation between the types of wrongdoing outlined in the Criminal Code. This prevents unnecessary overlaps that could lead to the over-criminalization of citizens’ actions. However, this clarity is lacking in the treatment of the crimes of false statement in administrative proceedings and procedural fraud, as both offenses include conduct that is not adequately distinguished in the legal framework, and existing case law fails to provide clear differentiating criteria. Accordingly, this paper proposes an interpretation in which the typical context of the conduct serves as the distinguishing factor to avoid improper concurrence of offenses. This conclusion is reached through a systematic and teleological interpretation, which will be presented in this text.