On December 11, 2024, important reforms to the criminal and procedural law in Peru were published, introducing significant changes in various areas, such as the protection of vulnerable groups, strengthening the prosecutorial and judicial career, and new forms of extortion. Below, we analyze the main aspects:
Law amending the Penal Code to introduce aggravating circumstances in the crimes of theft and aggravated robbery
What aggravating circumstances have been added?
1st: Aggravating circumstance that seeks to protect vulnerable groups applicable to the crime of aggravated robbery, when it is committed against:
- Women
- Minors
- People with disabilities
- Senior Citizen
2nd: When it is committed on assets that are part of institutions that provide essential services whose infrastructure is fundamental for the well-being and development of society, it will be applicable to both crimes with different penalties:
- Educational centers
- Health centers
- General Corps of Volunteer Firefighters
Amendments to the Penal Code and the New Code of Criminal Procedure
Changes to the Penal Code:
- Article 22 (Restricted Liability by Age): Persons over 80 years of age, for humanitarian reasons, may serve their sentence under the scope of articles 288 or 290 of the New Code of Criminal Procedure.
Changes to the New Code of Criminal Procedure regarding the measures applicable to the PNP:
- Prohibition of preliminary detention for PNP Personnel (Article 261-A)
- Article 261-A: An explicit prohibition is introduced for the prosecutor to request preliminary judicial detention against active-duty police officers who, in the performance of their constitutional duties, use regulated weapons or means of defense and cause injury or death.
- Prohibition of Preventive Detention for PNP Personnel (Article 268-B):
- The prohibition on prosecutors requesting pretrial detention against police officers is incorporated under the same conditions as Article 261-A (regulated use of weapons in the exercise of their duties resulting in injury or death).
- Restrictive Appearance (Article 292-A):
- The restrictions provided for in Article 288 of the New Code of Criminal Procedure apply to PNP personnel who cause injuries or deaths in the course of their duties. Preliminary judicial detention and preventive detention are prohibited in these cases.
Regulatory Modifications Regarding Organized Crime
- Amendments to the Public Prosecutor's Career Law (Law 30483)
Article 47 on very serious offenses is expanded to include:
- Improperly releasing people arrested in flagrante delicto for crimes with sentences of more than five years.
- Failure to request pretrial detention for those arrested in flagrante delicto for serious crimes, or doing so in a deficient manner.
- Issue resolutions that violate certain exemptions from criminal liability and articles of the Penal Code and the New Code of Criminal Procedure.
- Disclose confidential information without authorization.
- Amendments to the Judicial Career Law (Law 29277)
Section 18 is added to Article 48 of the Judicial Career Law, establishing that ordering the release of persons detained in flagrante delicto for crimes with sentences exceeding five years, without fulfilling their functional duties, constitutes a very serious offense.
- Amendment to the New Code of Criminal Procedure (Legislative Decree 957)
Article 268, paragraph c, of the law strengthens the assessment of flight risk and obstruction of justice in cases involving crimes such as murder for hire, femicide, human trafficking, aggravated robbery, and extortion.
- Amendment to the Penal Code (Legislative Decree 635)
A paragraph is added to Article 418 of the Criminal Code, establishing that any judge or prosecutor who intentionally orders the release of persons detained in flagrante delicto for crimes with sentences greater than five years shall be punished with a prison sentence of 8 to 12 years.
Amendment to the Penal Code on Extortion and Extortionate Loans
- Amendment to Article 200 of the Penal Code – Extortion:
- The article now includes new cases of extortion, extortionate loans, aggravated violence, and hostage situations, increasing the penalties in these cases.
- It is penalized to induce or force through threats, deception or violence to accept money or goods simulating a contract.
- Additional aggravating factors are introduced, such as the use of disturbing images and objects to intimidate, criminalizing the use of elements from the victim's personal or social environment; extortion directed at individuals in commercial or business activities, including abuse of their economic situation; and attacks on educational institutions, universities, and residential complexes.
- The penalty is significantly increased when the victim is held hostage, especially in situations of extreme violence.
2. New Amendment on Extortionate Computer Loans:
- A new criminal offense has been introduced into Law 30096 (Computer Crimes Law), specifically in Article 8-A, which addresses extortionate loans made through computer means. This amendment includes:
- Extortionate Digital Loans: Any act of inducement or coercion through threats, intimidation, or deception to accept a fake loan through online platforms will be punishable by a prison sentence of at least ten years.
- The penalties are increased if the victim is in a vulnerable situation, such as having a disability, being elderly, or suffering from a serious illness. An aggravating circumstance is also considered if the extortion is carried out transnationally.
