Manifestación del derecho penal del enemigo en los delitos de tráfico ilícito de drogas en el contexto social peruano
Year: 2025
Type: article
Abstract: This study analyzes the manifestation of the Enemy Criminal Law (ECL) in the Peruvian legal system, focusing on drug trafficking offenses under Articles 296 and 297 of the Penal Code. Using a qualitative approach and dogmatic legal and social design, it examines concepts such as the criminalization of conspiracy, automatic pretrial detention, the restriction of prison benefits, and the extensive use of circumstantial evidence. These elements suggest a possible shift from a guarantee-based criminal justice model to one oriented toward the neutralization of the "enemy." The study also analyzes the impact of such measures on the presumption of innocence, the principle of proportionality, and due process, assessing their compatibility with constitutional and supranational standards. The study seeks to provide guidelines for an effective criminal justice policy that respects fundamental rights in a constitutional state governed by the rule of law.
DOI: 10.71112/bdq5ne50
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411080070