The cultural defense and the exclusion of criminal responsibility for culturally conditioned error
DOI:
https://doi.org/10.35487/rius.v18i53.2024.905Abstract
The main objective has been to analyze whether the exercise of the fundamental right to cultural identity can be invoked in criminal proceedings, through the so-called cultural defense, which seeks the exclusion of criminal responsibility through culturally conditioned error, which is regulated in article 15 of the Peruvian Penal Code. We consider that the scope of our study is valuable in multicultural societies such as Peru, where although the aforementioned error has been discussed in the academy, the mechanism of cultural defense does not present the same development, incurring the risk that respect for cultural identity is not instrumentalized in the criminal process. Finally, we have concluded that although the observance of cultural identity can be invoked in criminal proceedings, its exercise is not absolute, so we have identified cases in which criminal liability and the imposition of a mitigated penalty are justified.
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