THE AGGRAVATING TYPES OF CRIMINAL ROBBERY AND THEFT: A DOGMATIC LEGAL ANALYSIS AND THE IMPLICATIONS OF ITS DEFICIENT REGULATION AS AN IMPEDIMENT TO AN EFFECTIVE CRIMINAL POLICY

Abstract

Political control in Peru is a reactive one, focusing primarily on punishing offenders after they have committed a crime, rather than focusing on prevention and rehabilitation. “Strategy” that has led to an increase in the number of people imprisoned, and that has not made it possible to address citizen insecurity.

Legislating with a criminal political approach means employing strategies aimed at controlling crime, however, unfortunately this is not taken into consideration when legislating. Therefore, it is important to consider a criminal policy approach before approving any legislation that modifies the Penal Code, since if the role of the legislator only focuses on modifying or expanding aggravating circumstances, criminal policy is no longer made, otherwise, a penal policy is made that perpetuates an ineffective cycle in the criminal justice system.