The effective collaborator: a brief review of reward mechanisms in Criminal Law

Abstract

In Criminal Law, when emblematic and complex cases that affect the social and political establishment are addressed, one of those accused in the case as the perpetrator of the crime is required to work with the investigators and administrators of justice, this is called Effective Collaborative and occupies the field of Premial Criminal Law. This study, methodologically based on a hermeneutic-documentary, descriptive research with a legal normative approach, aims to assess the actions of the Effective Collaborator in the face of award mechanisms of Criminal Law, emphasizing the constitutionality and legal regulations of Peru. The declarations of the Effective Collaborator require identification of the constitutional and legal bases of the Nation-State, while constituting the affirmation of application of the principles of effectiveness, procedural formality, timeliness, proportionality and verification in the declarations of this, trying not to violate the fundamental rights of due process and the principles of presumption of innocence of the accused. In Peru, the Political Constitution, the Penal Code, Law No 27378, whose purpose is to regulate the benefits for effective collaboration and other regulations such as decrees and binding resolutions, allow the Criminal Prize Law to be made viable in order to guarantee fundamental egalitarian rights.