Responsibility of prosecutors in the crime of failure to provide family assistance

Abstract

Objectives: The objective of the study was to examine how the failure to execute sentences in cases of omission to provide family support reflects a breakdown in the functional responsibility of prosecutors. Materials and Methods: The study was basic, with a qualitative and phenomenological approach. A sample of eight specialists in criminal law was interviewed regarding their experiences and perceptions about the execution of sentences in cases of omission to provide family support. The data collection technique used was semi-structured interviews. Results: The results revealed that one of the main difficulties is the prosecutors' workload, which prevents them from adequately following up on each case with a conviction. This lack of follow-up leads to a violation of the prosecutors' duty to ensure the protection of the alimentary rights of those entitled to support, thus affecting the effectiveness of the sentences and harming the children and adolescents who are the beneficiaries of alimony. Conclusions: It is concluded that the Congress of the Republic of Peru should amend the policies on the functional responsibility of prosecutors to enable them to fulfill their duties more effectively, even in the face of a heavy workload. Additionally, it is recommended that the Public Ministry strengthen its capacity to investigate and prosecute crimes of omission to provide family support, as well as create more accessible mechanisms for those entitled to alimony to report the non-compliance with the sentences