Martínez Hurtado Paola Julissa
DOI: https: //doi.org.10.59427/rcli/2026/v26cs.123-132
To analyze the relationship between the imposition of custodial sentences and the crime of failure to provide child support in the Chincha Criminal Court of Preliminary Investigation, taking into account noncompliance with child support obligations and the proportionality of the punitive response. An applied research study was conducted using a quantitative approach, with a correlational scope and a non-experimental cross-sectional design. The sample consisted of fifty legal practitioners, including criminal judges and attorneys specializing in criminal law, selected through purposive non-probabilistic sampling. Data analysis was performed using statistical tests of hypothesis testing to establish the association between the variables under study. The results demonstrated the existence of a statistically significant relationship between the imposition of a custodial sentence and the crime of failure to provide child support, as well as with the proportionality assessment made by the courts regarding the penalty imposed. Furthermore, it was shown that imprisonment is typically imposed in cases where the failure to fulfill the child support obligation is repeated and of a more serious nature, in accordance with criteria of reasonableness and proportionality in the judicial decision. It is concluded that the imposition of a custodial sentence for crimes of failure to provide child support is a measure whose application depends on an assessment of the specific circumstances of the breach and an analysis of the proportionality of the penalty. Consequently, judicial proceedings seek to harmonize the effective protection of the child support recipient’s rights with the principles that guide criminal law and the administration of justice.
Pag 123-132
