Imprescriptibilidad de la acción penal en delitos de terrorismo en el ordenamiento jurídico peruano
Year: 2026
Type: article
Abstract: Introduction: The application of criminal statutes of limitations to terrorism-related offenses constitutes a complex legal issue due to the tension between temporal limits on criminal prosecution and the State's obligation to investigate, prosecute, and punish serious human rights violations. Objective: To analyze, from a doctrinal and comparative law perspective, the insufficiency of the ordinary and extraordinary limitation regimes applied to terrorism-related offenses involving aggravated homicide and kidnapping within the Peruvian legal system. Methodology: A dogmatic-analytical legal study was conducted, based on constitutional hermeneutics, jurisprudential analysis, and comparative examination of international legal frameworks. National legislation, judicial criteria, and comparative law references concerning statutes of limitations and the criminal prosecution of particularly serious offenses were examined. Results: The findings showed that approximately 1,800 investigations were dismissed due to the expiration of limitation periods, raising questions regarding the legal response to these acts. Additionally, national and Inter-American jurisprudence recognize criteria supporting the imprescriptibility of certain serious human rights violations, while several comparative legal systems incorporate similar mechanisms. Conclusions: The legal treatment of terrorism-related offenses in the analyzed modalities highlights the need to review Peru's criminal limitation regime. From a doctrinal and constitutional perspective, the incorporation of imprescriptibility and regulatory adjustments is proposed as part of the ongoing debate to ensure the effective investigation and prosecution of acts of extreme gravity.
Source: Revista Tribunal
Author: Honorio Alejandro Casallo Diaz
Institution: Universidad Nacional de Huancavelica
Language: Spanish
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7220934166