Property Investigation and Civil Repair in the Criminal Process through Effective Collaboration

Abstract

In Peruvian legislation, the subject benefited from the
effective collaboration agreement can assume the
obligation to pay civil damages for the damages arising
from the crime for which he accepted responsibility.
However, how to guarantee compliance with the
aforementioned payment; In this regard, the objective
of this study is to substantiate the need for an asset
investigation by the Public Ministry of Peru, in order
to locate the collaborator’s assets that can be legally
seized, and in case of non-compliance with the payment
of compensation, proceed to his forced execution. To
achieve the objective, we have used the hermeneutic
method in relation to the legal rules that in the Peruvian
legislation regulate the special criminal process of
effective collaboration, which includes the study of the
economic insolvency caused by the collaborator and its
consequence of revoking, by court order, the benefits
obtained with the effective collaboration agreement.
The conclusion, on the other hand, revolves around
the fact that the Peruvian prosecutor’s office carries
out a patrimonial investigation around the assets
of the effective collaborator in order to achieve the
normative task that repairs the damage for the crime
whose responsibility the collaborator accepted and was
corroborated in terms of law.