Lack of criminal legal protection of the family nucleus in cases of fraticide in Peru

Abstract

In Peru, cases of fratricide are common, although they occur less frequently than simple homicide crimes. However, on account of the family ties of the aggressor with the victim, these crimes, such as patricide and femicide, are reproached and repudiated to higher degree by society. In the national casuistry it has been possible to notice that the magistrates consider that the penalty established for this type of crimes should be the highest established according to article 106 of the Penal Code. The city of Tacna is not exempt from cases of fratricide, in that aspect, the case of the "black widow" or the case of the "madman with the hammer" can be cited, from which the need and urgency to regulate the crime of homicide between siblings (fratricide) as an aggravating circumstance is highlighted, on account of the family ties of the brothers (or sisters).