Legal and accounting responsibility for environmental crimes: analysis of regulations and recent cases in Peru

Abstract

This research addresses the legal and accounting response to environmental crimes in Peru over the past three years, as well as regulatory reforms and evolving jurisprudence in this field. The study notes that Peru’s environmental problems have increased due to illegal mining, logging, resource exploitation, and water pollution, making coordinated action between State authorities and private sector activity crucial. Recent regulatory changes are highlighted, particularly the reforms to the Forestry and Wildlife Law (Servindi, 2024), amendments to Title XIII of the Criminal Code regarding contamination and species trafficking offenses with increased penalties, and Law n.º 1670 affecting regulation of mining environmental liabilities (GSA Legal, 2024). On the other hand, the article analyzes the impact of the most recent jurisprudence: Supreme Court Plenary Agreement n.º 02-A-2023 distinguishing administrative infractions from environmental crimes, and Constitutional Court rulings on extractive projects and indigenous peoples’ rights.
In the accounting field, the adoption of IAS 37 and IFRS is specifically discussed, revealing compliance gaps in the recognition and provisioning of environmental liabilities (Revista Lidera PUCP, 2023; Núñez, 2024). Studies indicate that, despite the existence of a regulatory framework in the country, institutional cohesion and the integration of enforcement (criminal-accounting) facilitate proper provisioning. The study recommends strengthening the capacities of OEFA and SUNAT, issuing technical guidelines to link criminal sanctions and accounting provisions, and promoting the adoption of certified environmental management systems, including ISO 14001 and OECD guidelines.