Don’t pay one debt It doesn’t usually lead to jail time, but there is one particular situation where this rule is not applied and you could face severe legal consequences. This is one of the crimes that has the most incidence in the Peruvian justice system.
This article analyzes in detail the legal exception that allows this drastic measure, clarifying the specific conditions and contexts in which a person can be imprisoned for failing to meet their financial obligations.
What is the only reason you can go to jail if you don’t pay a debt?
The Peruvian law The Criminal Code states that, in general, a person cannot be imprisoned for debt. However, failure to pay child support is a notable exception to this rule. This crime occurs when a person, obliged by a court order to provide financial assistance to his or her children, fails to fulfill this obligation.
“As a general rule, there is no imprisonment for debt, but the exception is the process for failure to provide family assistance. If one fails to comply with the requirement, a blind eye is turned, despite the fact that there is a court order, there may be a sanction that leads to confinement,” explained Daniel Cerna Salazar, judge in charge of the Fourth Single Criminal Court of the Ventanilla Court, to A Peruvian man.
Peruvian legislation has been unequivocal in addressing this problem, given the high incidence and negative impact it has on those affected. Therefore, the judicial system has adopted strict measures to ensure that those obliged comply with their financial responsibilities.
How many years can you go to prison for failing to provide family assistance?
The penalty for failure to pay family assistance may vary depending on the severity of the failure and other circumstances of the case. According to article 149 of the Penal Codethe sentences do not exceed three years of effective imprisonment.
The judicial process for this crime begins with a civil lawsuit, in which the amount of alimony is established. If the defendant does not comply with the payment, despite a court ruling, the case is referred to the Criminal Prosecutor’s Office to begin the corresponding investigations.
If found guilty, the offender must serve the sentence imposed, but this will not release him from his obligation to continue making late payments and accrued interest.
What is the amount to be paid for alimony?
The amount of the alimony It is not arbitrary and is determined based on several factors, including the age of the beneficiary, the number of children, the employment situation of the person obliged and the financial situation of the mother. Judge Cerna Salazar explained that the calculation is made taking into account the needs of the person receiving alimony and the financial possibilities of the person obliged, always seeking a fair balance.
A low pension cannot be set when the person obliged to pay a high salary, since this would not be equitable. Justice seeks to ensure that dependents receive an amount that adequately covers their needs, adjusting to the economic capacity of the person who must provide the food.
Source: Larepublica
Alia is a professional author and journalist, working at 247 news agency. She writes on various topics from economy news to general interest pieces, providing readers with relevant and informative content. With years of experience, she brings a unique perspective and in-depth analysis to her work.
