Criminal law of traditional indigenous communities in Peru and their methods of dealing with criminal matters
Abstract:
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.
Keywords:
criminal law, indigenous law, restorative justice
Authors:
Tereza Dleštíková
DOI: