Norma relacionada
Practice Relating to Rule 151. Individual Responsibility
Section B. Individual civil liability
Peru’s Military and Police Criminal Code (2010) states:
Article 51 - Civil reparation
Civil reparation is established in the sentence together with the punishment. This obligation comprises:
1. Restitution of the object or, if not possible, the payment of its value; and,
2. Compensation for the damage and harm.
Article 52 - Restitution of the object
The restitution of the object shall be made with the same object even though it may be in the power of third parties. This is without prejudice to the rights of third parties to lodge the corresponding claims or legal actions.
Article 53. – Joint liability
Civil reparation is incurred jointly by those responsible for the punishable acts and by third parties with civil obligations.
Article 55. – Civil action
Civil action that results from punishable conduct shall not expire while the criminal proceedings continue within the military and police jurisdiction. Civil action against third parties shall proceed if the dictated sentence does not cover them. Civil reparation shall otherwise be governed by the provisions of the Civil Code.
Article 57. - Transfer of civil responsibility
The obligation to make civil reparation established in a decision shall be transferred to the heirs of the responsible party to the extent that the reparation concerns the inherited objects. The right to demand civil reparation shall be transferred to the heirs of the victim. 
Peru, Military and Police Criminal Code, 2010, Articles 51–53, 55 and 57.
In 2009, in the Fujimori case, the Special Criminal Chamber of Peru’s Supreme Court of Justice was called upon to decide whether a former Peruvian president incurred civil liability for crimes he committed in 1991 and 1992 in the context of anti-terror operations, including the abduction of two individuals (the so-called SIE Basement Case) and the murder and injury of numerous individuals in Barrios Altos and at the so-called La Cantuta university in Lima. The Court held:
778. This court must decide whether the perpetrator of the crimes [ie the accused] is civilly liable to make reparation to the victims and their families if an international judgment [by the Inter-American Court of Human Rights] on the matter of reparation [by a State] for crimes suffered by the [same] victims has already been rendered.
779. … It is clear that the international responsibility of the State is direct and principal in character, since it results from the violations of rights set out in [international human rights] treaties that can be attributed to the State. However, the case before this court concerns direct civil liability for the commission of a crime incurred by the perpetrator of the crime for damage caused by the crime. In the first case [in which a State violated its obligations under an international human rights treaty], the State is obliged to make reparation. In the second case [in which an individual committed a crime], the direct obligation to make reparation falls on the perpetrator of the crime as active subject of the obligation. In principle, the person with criminal liability is also the one that incurs civil liability.
780. The passive subjects [i.e. the victims] of the damage for which reparation is to be made are the same in this criminal case and in the other case [concerning State responsibility before the Inter-American Court of Human Rights (IACtHR)]. The judgments of the IACtHR identified the victims and families and stipulated the reparation owed to them. For these reasons, it is not possible that these victims receive additional or double compensation because this could be seen as unjust enrichment …
792. Article 93 of the Penal Code … determines the extent of civil reparation in criminal proceedings. Such civil reparation comprises the restitution of the object or, if this is not possible, the payment of its value, and compensation for the damage and harm. Article 101 of the Penal Code states that civil reparation is further governed by the relevant provisions of the Civil Code.
The fundamental provision of the Civil Code on this matter is Article 1969, which provides that “Any person who negligently or intentionally hurts another person is obliged to make reparation” …
793. From a general perspective, civil liability includes the obligation to restore the affected assets to the state in which they were prior to the commission of the punishable act. The objective is to make the most comprehensive reparation for the damage caused, [and] to neutralize the potential or actual effects of the criminal act. The national legislator has established three forms of discharging civil liability: Restitution, which is the preferred one …, as well as reparation and compensation.
According to the Criminal Code links, reparation comes to bear … if restitution is not possible … This means that restitution comprises not only the return of the object to the person from whom it was taken, but also the re-establishment of the state before the crime was committed. On the other hand, compensation is an appropriate form of economic compensation for private damage irrespective of whether the damaged good is a physical one … This damage and harm must be directly derived from the punishable act … and it must be proven … by those who claim compensation except if the physical and moral damage is clearly apparent from the events …
Damage for which reparation is to be made includes material … and non-material damage: [that is to say] damage to the person and moral damage. Material and non-material damage includes damage to objects and physical injury … Non-material damage is subdivided into the following categories: i) Damage to the person, understood as damage to fundamental and material rights of the individual …; and ii) moral damage, understood as the victim’s ephemeral and non-permanent pain and psychological suffering, including anxiety, distress and physical suffering …
Moreover, non-material damage includes consequential damage and loss of income. Strictly speaking, these are two categories of non-material damage. Consequential damage is understood as non-material damage and physical or psychological harm to an individual with or without economic implications. Loss of income is understood as lack of earnings that the victim would have lawfully gained … Concerning the victim’s heirs … , compensation includes … the following three components: medical and funeral expenses … as well as moral damage …
794. In paragraph eight of the Plenary Accord Number 6-2006/CJ-116 of 13 October 2006, the Supreme Court held that civil damage must be understood as the negative effects that stem from the violation of a protected interest. Such a violation can give rise to both (1) material damages for the violation of rights of an economic nature for which reparation is to be made … ; and (2) non-material damages, circumscribed by the violation of fundamental rights or legitimate interests …
795. The Criminal Chambers of the Supreme Court have consistently held that the scope or range of civil reparation specifically relates to the material compensation. … Concerning crimes such as the present ones, which are not crimes giving rise to material damage, restitution or reparation are not appropriate … Rather, compensation is warranted, which means the payment of a monetary sum sufficient to cover the damage caused by the crime. 
Peru, Supreme Court of Justice, Fujimori case, 7 April 2009, §§ 778–780 and 792–795.
[footnotes in original omitted; emphasis in original]
Considering that those who are seeking compensation have declared that their property was pillaged or that their property was destroyed during the hostilities and that members of their families were victims of the hostilities, and, therefore, they must be compensated for all of this by Alexis Dusingize along with the Rwandan State as he was an authority responsible for assisting the mayor of the Commune of Kanzenze.
[The Court c]onfirms that Alexis Dusingize, along with the public authorities, must pay the compensation that has been claimed;
[The Court o]rders that he must pay damages valued at 15,000 RWF [Rwandan Franc] and, failing which, expropriation should forcibly take place through the action of the State;
Dismisses Alexis Dusingize, sentences him to death and orders that all [of his] property be seized from wherever it may be located. 
Rwanda, Court of First Instance of Nyamata, Dusingize case, Judgment, 12 March 1997, p. 2.
The Court of Appeal of Ruhengeri:
Ruling on the documents submitted by the parties:
Declares that Ntaganda and Nzakira have not been charged with the criminal offences of pillaging and theft, which is why they must pay damages based on personal injury, with 1,000,00 francs awarded to each member of the families that were affected and 2,000,000 francs awarded to each survivor, with damages set as follows: …