Criminal law of traditional indigenous communities in Peru and their methods of dealing with criminal matters

The article focuses on the Peruvian native people´s customary law, also called an indigenous or an aboriginal law, which is an informal community or non-state judicial system. Indigenous law systems coexist with the state law system up today and they are recognized by the Constitution as a result of a multinational state organization. This legal situation is called the legal pluralism. The main topic of the article is the indigenous legal regulation in criminal matters and the traditional aboriginal conflict resolution practices which are based on the same principles as the alternative dispute resolution methods; more precisely in the field of criminal law, based on the same principles as restorative justice. There is an importance of a constructive dialog, a communication between the parties and a reconciliation of their relations, an importance of an active participation of the community, a priority of a victim reparation and restitution of the harmony and peace within the community.

criminal law, indigenous law, restorative justice

Tereza Dleštíková



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