Civil redress in criminal proceedings: Some reflections

Abstract

This article presents a critical reflection on civil redress within criminal proceedings in Peru, exploring the intersection between criminal and civil law regarding extra-contractual liability arising from criminal offenses. Although criminal judges are empowered to adjudicate civil reparation under the Criminal Code, practical difficulties persist due to normative ambiguity and lack of coherence in civil doctrine. The author analyzes key issues such as the autonomous restitution action, the types of compensable damages, the need for evidentiary specificity in judicial decisions, and the potential introduction of punitive damages in criminal litigation. By adopting an interdisciplinary perspective, the article advocates for a more coherent and effective integration of civil liability within the criminal justice system to enhance fairness and legal clarity.