A legal issue that remains controversial in Peru and in many parts of our world or the world, however, before giving my point of view I consider that I am obliged to mention, for example, that the offense is established or intended, in Article 120 of our Penal Code, it has a maximum penalty of 3 months of deprivation of liberty and occurs as a result of having an act of rape or sexual intercourse outside of marriage or suffer as a result of non-consensual artificial insemination, but had been reported or investigated, at least policed. However, we also consider it necessary to mention that Articles 80 and 83 of our Criminal Code, refer to the punitive or disciplinary apparatus of the state, require that the National Police of Peru, the prosecution and the judiciary should act with speed, in order to arrive at a judicial conviction with res judicata, the maximum period of 4 months and 15 days, if not successful the first opportunity, otherwise, prescribes the prosecution for the offense.
From the above, we can now infer or deduce, because in Peru there is a high rate of unsafe abortions each year, especially if they have proliferated in the cones of the city and the center of Lima, known as centers of being late, menstrual regulation, many of them would actually illegal abortion facilities, as well as point out multiple news reports we read in newspapers and magazines , heard on the radio or visualized in the Peruvian television news.
other hand, I also believe we should bear in mind that although Article 2 paragraph 1 of our 1993 Peruvian Constitution alludes that "everyone has the right to life and the unborn child is a subject of law in every respect favors ", it is also true that the same legal device, referred to " all person is entitled to his moral, mental and physical and free development and welfare ". That is, every woman was entitled to not be broken emotional stability, to accept the imposition of assuming the status of motherhood with coming of a new being, if she voluntarily participated in the planning to give birth to a new being, whether or not to love and therefore also consider asisitiría the right to choose freely whether to be born or not that living she carries in her womb as a result of an act of rape or nonconsensual artificial insemination, HOWEVER, the prevalence of the legal rights to protect the Peruvian government is the right to life, and is the reason why the state punishes the criminal act and therefore believe that it would nullify the penalty, if establishing a new order that legitimizes government to extend the death penalty to various criminal activities, as this would pave the way for the criminalization of abortion is not sentimental.
Similarly, one must remember that this criminal issue, has strongly opposed by religious congregations and solid human rights defenders, who take refuge in ethical and moral, ideological conflict going on, primarily with women's groups and youth groups called defenders of my free will.
Entering answer the question "should decriminalize abortion in Peru sentimental? I have to say, first, that the criminal act, as embodied in our current Penal Code, deserves a serious assessment that may lead to greater penalty, or failing that, to its decriminalization; for it, would have to do meet the national population, Stats tables reflect the number of cases actually punished for the crime under review.
Finally, I would say that I still think that the Right to Life, is really the best gift you have given us our mother with care and love of our father, and that is why, they remember women who have become pregnant as a result of a heinous act such as rape or non-consensual artificial insemination, that before making the decision to abort or not, remember the old saying "each time the night is darker is because it is closer, a new dawn" , ie maybe your unwanted pregnancy, not something that truncate your goals in life, but only a challenge it puts life in your way, and only correspond to you, if you take that challenge or not .
LAW FIRM VALERIANO
DR. HIDALGO VALERIANO MAMANI
CAL ICA 28595 JIRON
218 338 OFFICE NEAR LIMA - PERU
PHONE: 428-1618 CELL. 999-853358
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