Comprehensive analysis of the importance of the indignity process in Lima, 2022

Abstract

Objective: To analyze how the crime of parricide influences the process of indignity in Lima during 2022. Methodology: A qualitative approach was adopted, utilizing a grounded theory-based design. The research involved interviews and document analysis, employing structured guides to gather information from experts in the subject matter. The results demonstrate that the crime of parricide significantly impacts the exclusion from the inheritance process, as governed by legal provisions on indignity. To ensure adequate protection of the rights of victims and their families, it is essential to properly apply the legislation on parricide and address its implications for social stigmatization. As highlighted in Ilie's study, indignity in inheritance is a civil sanction that excludes heirs who commit severe crimes against the testator or other heirs. This sanction applies exclusively to the perpetrator and not to other individuals involved in the deceased's estate. The consequence of such nullification is the retroactive revocation of the title of heirs from the testator. Conclusions: The crime of parricide has a profound legal implication in the context of indignity. This legal doctrine penalizes the individual responsible for the death of an ascendant or descendant by excluding them from the inheritance process and rendering them ineligible to inherit. While the Peruvian Civil Code does not explicitly list parricide as a cause of indignity, its inclusion should be pursued through a systematic interpretation consistent with the provisions of the current Penal Code.