Extra-patrimonial damage and objective civil reparation in crimes of corruption of officials: critical examination of Cassation No. 189-2019 Lima Norte

This work arises from the growing concern of Peruvian society about acts of corruption and the distrust generated by judicial intervention in the processes aimed at punishing such crimes. The study focuses on the judicial district of La Libertad and analyzes the treatment of civil reparations in the framework of the Peruvian criminal process. A legal approach based on national and comparative doctrine and jurisprudence is used, with special emphasis on the analysis of the evaluative criterion applied in convictions. The findings show that these criteria respond to both quantitative and qualitative considerations regarding the economic damage caused to the State. It can be stated that Cassation No. 189-2019/Lima Norte has a direct impact on judicial discretion when it comes to substantiating the qualitative component of reparation, restricting the margin of assessment of the legal operator in the determination of state damage.