ORDERLY UNIQUE TEXT OF THE CODE OF CRIMINAL ENFORCEMENT

SUPREME DECREE No. 003-2021-JUS

PRELIMINARY TITLE

     Article I. Subject to regulation

      This Code, in accordance with article 234 of the Constitution of Peru, regulates the execution of the following sentences handed down by the courts:

     1.- Penalty involving deprivation of liberty.

     2.- Punishment restrictive of freedom.

     3.- Sentences limiting rights.

     Comprising, also, the security measures.

     (The text according to the article I of the Legislative Decree No. 654, whose reference is to the Constitution of 1979. The standard to which to submit this article has its analogy in the article 139, paragraph 22 of the Constitution)

     Article II. Objectives of the Criminal Enforcement

      The criminal enforcement has for its object the re-education, rehabilitation and reintegration of the sentenced to the society.

     The same rule applies to the processing, as applicable.

     (The text according to the article II, of the Legislative Decree No. 654)

     Article III. The beginning of Mankind

      The criminal enforcement and measures involving deprivation of liberty of the accused are exempt from torture or inhuman or humiliating, and of any other act or procedure that violates the dignity of the inmate.

     (The text according to the article III of the Legislative Decree No. 654)

     Article IV. Progressive system

      Correctional treatment is performed by the system progressive.

     (The text according to the article VI of the Legislative Decree No. 654)

     Article V. Rights outstanding of the internal

      The prison system is developed in accordance with the rights of the inside is not affected by the sentence.

     All discrimination is prohibited racial, social, political, religious, economic, cultural or of any other nature.

     (The text according to the article V of Legislative Decree No. 654)

     Article VI. Assistance Post-Prison

      The society, institutions and individuals actively participate in the treatment of internal and assistance measures post - prison.

     (The text according to the article VI of the Legislative Decree No. 654)

     Article VII. Transfer of sentenced persons to the outside

      The transfer of persons or foreign national sentenced by judges in peru, the enforcement of sentences imposed in his country of origin or of habitual residence shall be governed by International Treaties or Conventions on the matter and the principle of reciprocity for humanitarian reasons and relevant laws.

     Does not authorize the transfer of those who are convicted for crimes of terrorism, terrorism, aggravated, the attack against the national security and betrayal of the homeland or the agent who acts as the head or leader of an organization intended for the illicit trafficking of drugs, without prejudice to the provisions of the Treaties, or International Agreements to which Peru is a party.

     The transfer is permitted by means of Supreme Resolution.

     (Text modified as the sole article of Law No. 27090)

     Article VIII. Retroactivity and interpretation benign

      Retroactivity and the interpretation of this Code are resolved in the most favorable to the internal.

     (The text according to the article VIII of the Legislative Decree No. 654)

     Article IX. Protection of mothers internal and children

      The internal pregnant woman or mother and the younger children that live with it enjoy comprehensive protection of the Prison System.

     (The text according to the article IX of the Legislative Decree No. 654)

     Article X. Recommendations of the Organization of the United Nations

      The Prison System welcomes the provisions, conclusions and recommendations of the Organization of the United Nations for the prevention of crime and treatment of offenders.

     (The text according to the article X of the Legislative Decree No. 654)

TITLE I

THE INTERNAL

     Article 1. Rights of the internal

      The internal enjoys the same rights that the citizen in freedom without any limitations other than those imposed by the law and the judgment.

     (The text according to the article 1 of Legislative Decree No. 654)

     Article 2. Judicialidad of the sentence and legality prison

      The inmate enters the Prison only by court order, in the manner prescribed by law. It is located on the Property that determines the Prison Administration.

     (The text according to the article 2 of Legislative Decree No. 654)

     Article 3. Suitable environment and comprehensive treatment

      The internal occupies a suitable environment and is subject to comprehensive treatment from her entrance up to her release.

     (The text according to the article 3 of Legislative Decree No. 654)

     Article 4. Name of the internal

      The inmate must be called by his name.

     (The text according to the article 4 of Legislative Decree No. 654)

     Article 5. Enforcement of provisions

      The inmate must observe the provisions on order, cleanliness and discipline.

     (The text according to the article 5 of Legislative Decree No. 654)

     Article 6. Medical examination

      Upon entering the Prison, the inmate is considered by the health service to meet their physical and mental state. If you are traces of physical abuse, it is communicated immediately to the representative of the Public Ministry and, where appropriate, to the competent Judge.

     (The text according to the article 6 of Legislative Decree No. 654)

     Article 7. Groupings of internal

      The inmates may form clusters of cultural or sports and those that the Rules will allow.

     (The text according to the article 7 of the Legislative Decree No. 654)

     Article 8. Right to communicate admission or transfer to another Correctional Facility

      The inmate has the right to immediately communicate to his family and lawyer of his income or his transfer to another Prison Facility.

     (The text according to the article 8 of Legislative Decree No. 654)

TITLE II

PRISON REGIME

FIRST CHAPTER

GENERAL PROVISIONS

     Article 9. Information to the internal

      When entering a Correctional Facility, the inmate is informed of his rights and obligations and are given a booklet with the rules of life governing the Establishment. If you are illiterate, such information is provided orally.

     (The text according to the article 9 of Legislative Decree No. 654)

     Article 10. Tab and record staff

      Each intern has a tab id penológica and a personal file with regard to their legal situation and treatment prison. You have the right to know and be informed of that record.

     (The text according to the article 10 of Legislative Decree No. 654)

     Article 11. Criteria of separation of internal

      The inmates are separated according to the following basic criteria:

     1.- Men and women.

     2.- The processed of those sentenced to death.

     3.- The primary of those that are not.

     4.- The under twenty-one years of older.

     5.- Linked to criminal organizations of which they are not

     6.- Those who, through the evaluation of the Technical Board of Classification, obtained a prognosis favorable for rehabilitation of those who may require further treatment.

     7.- Other determined by the Rules.

     (The text according to the article 11 of Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

     Article 12. Location of inmates in a correctional facility

      In the establishments transients and others who make their times, the Technical Board of Classification in charge of determining the facility, which corresponds to an internal, incorporated as a criterion of evaluation, if the inmate is or is not linked to a criminal organization, in which case you will opt for an establishment that offers reasonable conditions of safety.

     (Article built according to the article 2 of Legislative Decree No. 984)

     Article 13. Classification of inmates in a prison system

      13.1 The inmates that are processed will be subject to the rules of the Regime Closed the Ordinary. Exceptionally, and subject to a report duly informed of the Technical Board of Classification, may be classified in any of the stages of the Closed Special.

     13.2 The linkage of the internal of a criminal organisation and/or its status of a major treatment for their rehabilitation, in conjunction with the evaluation of your personal profile, base their classification in one of the stages of the Closed Special.

     (Text modified according to the article 1 of Legislative Decree No. 1239)

     Article 14. Classification of internal stages of the regime closed regular and closed special

      14.1 In the Regime Closed the Ordinary, the internal need to be classified in the following stages:

     1.- Maximum security;

     2.- Medium security; and,

     3.- Minimum-security.

     14.2 In the stage of Maximum Security, the internal is subject to strict discipline and greater control. The internal prosecuted or sentenced linked to criminal organisations that have not been classified in the Closed Special, will necessarily be classified in the stage of Maximum Security.

     14.3 inmates classified into the stages of Minimum, Medium and Maximum Security, should be held in separate areas and separate.

     14.4 In the Regime Special Closed, the inmates need to be classified in the following stages:

     1.- Stage “A”;

     2.- Stage “B”; and

     3.- Phase “C”.

     The stages of the Closed Special are characterized by the emphasis on the security measures and discipline.

     14.5 inmates classified in the stages of “A”, “B” and “C”, shall be held in separate areas and separate.

     14.6 progression, regression, or stay of the inmates in the different stages of the Regime Closed Regular and Special, shall be regulated in the Regulations.

     (Text modified according to the article 1 of Legislative Decree No. 1239)

     Article 15. Accommodation of the internal

      The inmate is housed in a environment, individual or collective, according to the classification determined by the Board of Technical Classification, where you will receive the penitentiary treatment appropriate.

     (The text according to the article 12 of Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

     Article 16. Custody of valuables of the internal

      Every object of value, except for personal use, which carry the internal, preliminary inventory, you may be under the custody of the Prison Administration, or it will be delivered to the person that he may determine.

     (The text according to the article 13 of the Legislative Decree No. 654)

     Article 17. Right of complaint and request

      The intern has the right to submit complaints and petitions to the Director of the Penitentiary Establishment.

     In case of not being attended to, the inmate may appeal, by any means, the representative of the Public Ministry.

     (The text according to the article 14 of Legislative Decree No. 654)

     Article 18. Review and record internal

      The reviews and records of the procedure, your belongings or the environment it occupies, is performed in the presence of the Director or deputy Director and Chief of Security of the Facility, whether they are routine. In the case of sudden or extraordinary, must be counted with the presence of the representative of the Public Ministry.

     (The text according to the article 15 of Legislative Decree No. 654)

     Article 19. Dress

      19.1 The inmate has the right to wear their own clothing, provided they are suitable, or you prefer which will facilitate the administration of the prisons. These garments should be devoid of any distinctive that may affect your dignity.

     19.2 Exceptionally, the prison administration may provide for the use of attire according to the regime in which it is located to the internal and driving cases and transfer out of the prison.

     (The text according to the article 16 of Legislative Decree No. 654, modified according to the second additional provision amending the Legislative Decree No. 1328)

     Article 20. Power

      The Prison Administration provides the internal power-prepared to comply with dietary guidelines and hygiene set by the health authority.

     (The text according to the article 17 of Legislative Decree No. 654)

     Article 21. Involvement of the internal in various activities

      Within the institution promotes and stimulates the participation of the internal activities of educational, occupational, recreational, religious, and cultural.

     (The text according to the article 18 of Legislative Decree No. 654)

     Article 22. The freedom of the internal

      The freedom of the internal can only be granted by the competent authority and in the manner prescribed by law.

     The release order is executed immediately, under the responsibility of the Director of the Penitentiary Establishment.

     (The text according to the article 19 of Legislative Decree No. 654)

     Article 23. Certificate of freedom

      At the time of its release, is delivered to the internal a certificate of freedom.

     (The text according to the article 20 of Legislative Decree No. 654)

SECOND CHAPTER

DISCIPLINE

     Article 24. The object of the disciplinary regime

      The disciplinary regime has for its object the peaceful coexistence of the internal and maintaining order in the Prisons.

     (The text according to the article 21 of Legislative Decree No. 654)

     Article 25. Characters of the regime of disciplinary

      The disciplinary regime is rigorous in the Correctional Facilities of closed and is attenuated in the Penitentiary Establishments, semi-open and open, tending towards the self-discipline of the internal.

     (The text according to the article 22 of Legislative Decree No. 654)

     Article 26. Disciplinary offence

      Incurs disciplinary offence and the internal who violates the provisions set forth in this Chapter.

     (The text according to the article 23 of Legislative Decree No. 654)

     Article 27. Classes of disciplinary offences

      Disciplinary offences are classified into major and minor. Is punished without prejudice to the criminal liability that may be required.

     (The text according to the article 24 of Legislative Decree No. 654)

     Article 28. A serious disciplinary offense

      They are a serious disciplinary offense:

     1.- Prevent or hinder the treatment of the other inmates.

     2.- Endanger their own safety, the safety of the other inmates or Correctional Facility.

     3.- Interfere with, or violation of the provisions of security.

     4.- Possession or consumption of toxic drugs, narcotic drugs, psychotropic substances or alcoholic beverages.

     5.- Perform acts that are contrary to the moral.

     6.- To incite or participate in riots, strikes or disorders collective.

     7.- Try to escape from the Prison.

     8.- Assaulting any person who is in the Correctional Facility.

     9.- Refuse to eat foods as an act of protest or rebellion.

     10.- Refusing to attend court proceedings in an unjustified way.

     11.- Committing any other similar act provided for in the Regulations.

     (The text according to the article 25 of Legislative Decree No. 654, whose numeral 5 original was repealed as the only provision repealing of Act No. 29867).

     Article 29. Disciplinary mild

      Are disciplinary offences mild:

     1.- Refusing to work or to attend educational activities, without justification.

     2.- Travel or stay in prohibited areas of the Prison, without authorization.

     3.- Use profanity or slanderous in dealing with other people.

     4.- Damage to, or misuse of the facilities of the Penitentiary Establishment.

     5.- Breach of the provisions on accommodation, hygiene, toilet, schedule, visits, communications, transportation, and records.

     6.- Do not be submitted when required by the authorities of the Penitentiary Establishment.

     7.- Failing to conform to other provisions on the Prison system in the Regulation.

     (The text according to the article 26 of Legislative Decree No. 654)

     Article 30. Disciplinary sanctions

      They can only impose the following disciplinary sanctions:

     1.- Warning.

     2.- Deprivation of sightseeing or entertainment common, when appropriate, up to a maximum of thirty days.

     3.- Limiting communications with the outside up to a maximum of thirty days.

     4.- Deprivation of exit permits up to a maximum of sixty days.

     5.- Insulation up to a maximum of thirty days, except as provided for in article 33.

     (The text according to the article 27 of Legislative Decree No. 654)

     Article 31. Punishment of isolation

      The punishment of isolation is applied only in cases in which the internal overt aggression or violence, and when repeated and severely alters the normal coexistence in the Correctional Facility.

     (The text according to the article 28 of the Italian Legislative Decree No. 654)

     Article 32. Medical report prior to isolation

      The punishment of isolation is met prior medical report to the Director of the Penitentiary Establishment, the same that can suspend or modify the sanction, according to the state of health of the inmate.

     (The text according to the article 29 of Legislative Decree No. 654)

     Article 33. Exempt from the punishment of isolation

      It does not apply the penalty of isolation:

     1.- To the pregnant woman.

     2.- To the mother who had kids with them; and

     3.- The internal over sixty years.

     (The text according to the article 30 of Legislative Decree No. 654)

     Article 34. Place of isolation

      The insulation is satisfied in the environment that usually occupies the internal or the one that determines the Prison Administration.

     (Text according to article 31 of Legislative Decree No. 654)

     Article 35. Insulation is not exempt from work

      The internal punished with isolation is not exempt from the work, provided that it is possible to do within the environment that it occupies. It allows you to have reading material.

     (The text according to the article 32 of the Legislative Decree No. 654)

     Article 36. Duration of the isolation, when it is still valid sanction previous

      The sanction of insulation shall be not greater than cuarenticinco days when the disciplinary offence is committed within the validity period of a sanction previous isolation.

     (The text according to the article 33 of Legislative Decree No. 654)

     Article 37. Information of foul play

      The inmate is informed of the failure that is attributed allowed to exercise their defense.

     (The text according to the article 34 of Legislative Decree No. 654)

     Article 38. Prohibition of discipline

      The internal should not exercise discipline whatsoever.

     (The text according to the article 35 of Legislative Decree No. 654)

     Article 39. Authorization and purpose of the coercive measures

      39.1 Only with permission of the Director of the Penitentiary Establishment may be used as the means of enforcement set out in the Regulations, to prevent acts of evasion, violence or internal disorders, which affect the security of the Penitentiary Establishment.

     39.2 The use of coercive measures is directed exclusively to the restoration of normalcy and shall remain in force only as long as is strictly necessary.

     (The text according to the article 36 of Legislative Decree No. 654)

CHAPTER THREE

VISITS AND COMMUNICATIONS

     Article 40. Right of communication

      40.1 The internal can regularly communicate in oral and written form and in your own language, with their family, friends, diplomatic representatives, and agencies and institutions of assistance to prison, except for the mis-declared by the judicial authority, in the case of processing, in accordance with articles 140, 141 and 142 of the Code of Criminal Procedure.

     40.2 communications are carried out while respecting the privacy and intimacy of the internal and their partners.

     (The text according to the article 37 of Legislative Decree No. 654)

     Article 41. Promotion of communication and visits

      The Prison Administration stimulates and intensifies the communications and visits as soon as they are beneficial for the internal and prevents those contacts with the outside world that are harmful.

     (The text according to the article 38 of Legislative Decree No. 654)

     Article 42. Conditions for the visits

      Income, number, type, frequency, time, length of stay and other conditions for visits in prison facilities, as well as the environments intended for this purpose and items are allowed, provided for in the Regulations.

     (The text according to the article 39 of the Legislative Decree No. 654, modified according to the third additional provision amending the Legislative Decree No. 1325)

     Article 43. Administrative sanction to the visits by admission of articles considered as crimes

      Visitors to prisons operated in possession of firearms, ammunition, substances that represent crimes and other prohibited items which the Law establishes No 29867, without prejudice to criminal action appropriate, shall be punished administratively by the Technical Council Penitentiary up with the definitive suspension of admission to any correctional facility. The graduation of the penalty and the provisions regarding the procedure will be regulated in the regulations.

     (Article built according to the article 2 of Legislative Decree No. 1239)

     Article 44. Administrative sanction to the visits by admission of articles considered as prohibited

      Visitors to prisons operated in possession of prohibited items administratively, or who engage in behavior that may alter the order and security will be sanctioned by the Technical Council Penitentiary corresponding with the suspension of admission to any institution, which can be from one month to the final suspension. The graduation of the penalty and the provisions regarding the procedure will be regulated in the regulations.

     (Article built according to the article 2 of Legislative Decree No. 1239)

     Article 45. Interview with defense Attorney

      The inmate has the right to meet and communicate in private with his defense attorney, in an appropriate environment. This right cannot be suspended nor operated under the responsibility of the Director of the Penitentiary Establishment.

     (The text according to the article 40 of Legislative Decree No. 654)

     Article 46. Communication of death or disease of the internal or members of their family

      The Director of the Penitentiary Establishment must inform the internal about the death or illness of family members of or persons closely related to him, or, in your case, inform them on the death, illness or serious accident of the internal.

     (The text according to the article 41 of Legislative Decree No. 654)

FOURTH CHAPTER

PRISON BENEFITS

     Article 47. Prison benefits

      The prison benefits are the following:

     1.- The exit permit.

     2.- Redemption of the penalty for work and education.

     3.- Semi-freedom.

     4.- Conditional release.

     5.- Visit intimate.

     6.- Other benefits.

     (The text according to the article 42 of Legislative Decree No. 654)

SECTION I

EXIT PERMIT

     Article 48. Exit permit

      48.1 The exit permit can be granted to the internal up to a maximum of 72 hours, in the following cases:

     1.- Serious illness, duly verified with medical certification officer, or death of a spouse or cohabiting partner, parents, children or siblings of the internal.

     2.- The birth of children of the inmate.

     3.- Take steps personal, of extraordinary character, that requires the presence of the inmate in the place of the management.

     4.- Perform procedures for obtaining work and accommodation to the proximity of its release.

     48.2 This benefit can be granted by the Director of the Penitentiary Establishment, giving account to the representative of the Public Ministry and, in his case, the Judge who knows the process and take the necessary measures custody, under the responsibility.

     (The text according to the article 43 of Legislative Decree No. 654)

SECTION II

REDEMPTION OF THE PENALTY FOR THE WORK AND EDUCATION

     Article 49. Redemption of sorrow for the job

      49.1 The internal located in the stage of minimum and medium security of the regime closed regular redeem worth by working at the rate of one day of sorrow for two days of actual work.

     49.2 In case of being in the stage of maximum security of the regime closed the ordinary, the redemption will be on the basis of a day of sorrow for four days of actual work.

     49.3 In case of being in the phase “C” of the regime special closed, the redemption will be on the basis of a day of sorrow for five days of actual work.

     49.4 In case of being in the phase “B” of the regime special closed, the redemption will be at the rate of a day for six days of actual work.

     49.5 In case of being in the stage “To” the regime's special closed, the redemption will be on the basis of a day of shame for seven days of actual work.

     49.6 regimes prison and stages applicable to the internal regulated in the Regulations of the Code of Criminal Enforcement.(*)

     (The text according to the article 44 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

(*) In accordance with the Article 4 of Legislative Decree No. 1585published on November 22, 2023, you have to modify the article 44 of the Code of Criminal Enforcement, according to the article 49 in the Orderly Unique Text of the Code of Penal Execution, being drafted as detailed in the article cited above. (*)

     Article 50. Redemption penalty for study

      50.1 The internal located in the stage of “minimum” and “medium” security of the regime closed regular redeem worth through education on the basis of one day of sorrow for two days of study, approving previously the periodic assessment of the studies.

     50.2 In the case of being in the stage of “maximum” security of the regime closed the ordinary, the redemption will be on the basis of a day of sorrow for four days of study, approving previously the periodic assessment of the studies.

     50.3 In case of being in the phase “C” of the regime special closed, the redemption will be on the basis of a day of sorrow for five days of study, approving previously the periodic assessment of the studies.

     50.4 In case of being in the phase “B” of the regime special closed, the redemption will be on the basis of a day of sorrow for six days of study, approving previously the periodic assessment of the studies.

     50.5 In case of being in the stage “To” the regime's special closed, the redemption will be on the basis of a day of shame for seven days of study, approving previously the periodic assessment of the studies.(*)

     (The text according to the article 45 of the Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

(*) In accordance with the Article 4 of Legislative Decree No. 1585published on November 22, 2023, you have to modify the article 45 of the Penal Enforcement Code, corresponding to the article 50 in the Orderly Unique Text of the Code of Penal Execution, being drafted as detailed in the article cited above. (*)

     Article 51. Irrelevance, and special cases of redemption of sorrow for work or study

      51.1 is Not from the profit prison of redemption of the penalty for the work or study for those inmates who have committed crimes related to organized crime, according to the Law 30077, anti-Organized Crime Law. Nor is it appropriate for inmates sentenced for the crimes provided for in articles 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J and in chapters IX, X and XI of Title IV of the Second Book of the Penal Code.

     51.2 In the cases of inmates who have committed the offences provided for in articles 107, 108, 108-A, 108-B, 121-B, 200, 279-G, 297, 317, 317-A, 317-B, and 319 to 323 of the Penal Code, the redemption of sorrow for the job or the education is done at the rate of one day of sorrow for six days of work or study, respectively.

     51.3 repeat offenders and the usual of any crime, provided that this is not prohibited redemption, redeem worth through work or education on the basis of one day of shame for seven days of actual work or study, respectively.(*)

     (The text according to the article 46 of the Legislative Decree No. 654, modified according to the article 3 of Law No 30838 and the First Additional Provision Amending Act No. 30963)

(*) In accordance with the Article 2 of Legislative Decree No. 1576published on 17 October 2023, provides for the amendment of article 46 of the Penal Enforcement Code, corresponding to article 51 in the Orderly Unique Text of the Code of Criminal Enforcement. (*)

(*) In accordance with the Only Available Complementary End of the Legislative Decree No. 1591published on December 13, 2023, the improcedencias referred to in the present article, in respect of article 183-B of the Penal Code, approved by Legislative Decree No. 635, it is also applicable to the commission of the offense set out in article 5 of the Law Nº30096, the Computer Crimes Act.

     Article 52. On the accumulation of the redemption of penalty for study and work

      52.1 The benefit of the redemption of the penalty for the job and the education is not cumulative when these are done simultaneously.

     52.2 Provided that the law does not prohibit the redemption, the intern will be able to accumulate the time to stay effective in the correctional facility with the time penalty redeemed for work or education for the enforcement of the sentence or the fulfillment of the time required to access the semi-freedom, or the conditional release. In these cases, you must comply with the procedures and requirements established by the Regulations.(*)

     (The text according to the article 47 of the Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

(*) In accordance with the Article 4 of Legislative Decree No. 1585published on November 22, 2023, you have to amend article 47 of the Code of Penal Execution, corresponding to the article 52 in the Orderly Unique Text of the Code of Penal Execution, being drafted as detailed in the article cited above. (*)

SECTION III

PRISON BENEFITS OF SEMI – FREEDOM AND CONDITIONAL RELEASE

     Article 53. Semi-freedom

      53.1 profit prison of semi-freedom allows the internal with the first sentence effective egrese of the penitentiary establishment for the purposes of work or study, provided that:

     1. Meets the third part of the sentence.

     2. You do not have pending process with a term of detention.

     3. Located in the stage of minimum or medium security of the regime closed the ordinary.

     4. To comply with pay the fine days set out in the judgment.

     5. To comply with to pay all or part of the civil remedies of the judgement in response to the criterion of the judge based on the ability of payment performance that has the internal. In any case the partial amount must be less than 10% of the total amount.

     53.2 Before the existence of a pending amount of payment, the intern will ensure compliance by using legal procedure approved by the judge.

     (The text according to the article 48 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 54. Conditional release

      54.1 profit prison of conditional release allows the internal second conviction effective egrese of the penitentiary establishment for the purposes of work or study, provided that:

     1. Meet the half of the penalty.

     2. You do not have pending process with a term of detention.

     3. It is located in the stage of minimum, medium or maximum security of the regime closed the ordinary.

     4. To comply with pay the fine days set out in the judgment.

     5. To comply with to pay all or part of the civil remedies of the judgement in response to the criterion of the judge based on the ability of payment performance that has the internal. In any case the partial amount must be less than 10% of the total amount.

     54.2 To the existence of a pending amount of payment, the intern will ensure compliance by using legal procedure approved by the judge.

     (The text according to the article 49 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 55. Irrelevance, and special cases of the prison benefits of semi-freedom, or conditional release

      55.1 are Not from the prison benefits of semi-freedom and conditional release for those inmates who have committed crimes related to organized crime, according to the Law 30077, anti-Organized Crime Law.

     55.2 Nor are they appropriate for those inmates who are sentenced for the commission of the crimes provided for in articles 107, 108, 108-A, 108-B, 121-B, 152, 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J, 189, 200, 279-A, 297, 317, 317-A, 317-B, 319, 320, 321, 322, 323, 325, 326, 327, 328, 329, 330, 331, 332, 346, 382, 383, 384, first, second and third paragraphs of the 387, 389, 393, 393-To, 394, 395, 396, 397, 397-A, 398, 399, 400 and 401, as well as the offences provided for in chapters IX, X and XI of Title IV of the Second Book of the Penal Code.

     55.3 inmates sentenced for the commission of the alleged crime referred to in articles 121, the first paragraph of article 189, 279, 279-B, and-279-G provided that you are in the stage of minimum or medium security of the regime closed the ordinary and it is your first conviction effective, subject to the payment of the penalty of fine, and the full amount of the judgement as a civil redress, will be able to access the conditional release when they have served three-quarters of the sentence.(*)

     (The text according to the article 50 of the Legislative Decree No. 654, modified according to the article 3 of Law No 30838 and the First Additional Provision Amending Act No. 30963)

(*) In accordance with the Article 2 of Legislative Decree No. 1576published on 17 October 2023, provides for the amendment of article 50 of the Code of Criminal Enforcement, according to the article 55 in the Orderly Unique Text of the Code of Criminal Enforcement.(*)

(*) In accordance with the Only Available Complementary End of the Legislative Decree No. 1591published on December 13, 2023, the improcedencias referred to in the present article, in respect of article 183-B of the Penal Code, approved by Legislative Decree No. 635, it is also applicable to the commission of the offense set out in article 5 of the Law Nº30096, the Computer Crimes Act.

     Article 56. Processing, deadline and requirements of the records of semi-freedom, or conditional release

      The Technical Council Prison, at the request of the person concerned, within a period of fifteen days, under the responsibility, holds the record of semi-freedom, or conditional release, you must have the following documents:

     1. Certified copy of the judgment consensual and/or executory.

     2. Certificate of conduct, which should make express reference to the acts of indiscipline incurred by the inner and the disciplinary measures that have been imposed for the duration of the record of the disciplinary sanction.

     3. Certificate of court record at the national level, specifying that the internal not logged-pending process with a term of detention.

     4. Certificate of computer work or study cash in proving that the inmate has been working in the interior of the prison, or has obtained a passing grade. It shall include a description of the work and/or studies for which is attached to the control sheets.

     5. Proof of life regime granted by the Head of the Organ Technical Treatment of the penitentiary establishment, indicating the regime and the stage in which is located the applicant for the benefit of prison, as well as the results of all evaluations of semi-annual treatment is performed to the internal.

     6. Report of the Technical Council Prison on the degree of rehabilitation of the inmate, considering that the reports of the different areas of treatment. Also, you must report any other personal circumstance that is useful for the prognosis of behavior.

     7. Notarial certificate, municipal or judicial proving domicile or place of accommodation.

     (The text according to the article 51 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

SECTION IV

CRITERIA FOR THE ORIGIN OF THE PRISON BENEFITS OF SEMI – FREEDOM AND CONDITIONAL RELEASE

     Article 57. Criteria to evaluate their provenance

      The judge granted the benefit prison of semi – freedom, or conditional release, when during the hearing has been able to establish that the inmate has achieved a degree of rehabilitation that allows to predict that it would not commit a new crime of joining the free media; in this sense, the actions of the hearings of prison benefits will be oriented to discuss the conditions of rehabilitation achieved by the internal; as well as:

     1. The efforts to repair the damage caused to the crime committed.

     2. Criminal record and judicial.

     3. The disciplinary measures that have been imposed during their stay in the prison.

     4. The activities performed by the inmates during their time of imprisonment different to those recorded by the prison administration.

     5. The roots of the internal national, anywhere in the national territory duly accredited. For the case of foreigners, the roots shall be deemed to be accredited with a certificate of place of accommodation.

     6. Any other personal circumstance useful for the formulation of a prognosis of conduct.

     (The text according to the article 52 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 58. Procedure

      58.1 The prison benefits of semi-freedom and conditional release granted by the court that he knew the process.

     Exceptionally, in the case that the sentenced is held outside the jurisdiction of the court that he knew the process, the benefit penitentiary shall be granted by a criminal court of the Superior Court of justice that corresponds to your location.

     58.2 Received the administrative record, the judge, within 05 working days, evaluates if it complies with the requirements set out in article 51 of the present code, for the purposes of admission to procedure, the order of benefit.

     58.3 Declared the admission, on the same day the judge notifies the auto admisorio with the proceeds of corresponding, by defining a hearing date, which may not exceed ten days. The audience attending necessarily the prosecutor, the convicted, his defense, and the professionals and people that the judge deems appropriate.

     58.4 Initiated the hearing, the lawyer of the convicted will be the oral report corresponding to, and shall support the work activities or educational that will be devoted to the recipient. For this purpose, you can provide additional evidence in the same act.

     Thereupon, the district attorney shall state the reasons which justify his opinion.

     58.5 judge merituará the evidence presented by the parties, and questioning persons who have been summoned to the hearing. Finally, proceed to interrogate the convicted.

     The judge will resolve in the very act of hearing, or within two business days, held the same. To give the benefit, shall determine the rules of conduct to be fulfilled by the recipient and may provide for the use of electronic surveillance staff as a control mechanism.

     58.6 Against the resolution proceeds appeal in the very act of hearing, or within two business days. After this period has elapsed without the informed, is deemed not filed the appeal impugnativo.

     58.7 appeal against the granting of the benefit prison does not suspend its execution.

     Filed the appeal well-founded, the judge will rise in the day the cars to the top, who resolved within 05 working days under the responsibility.

     (The text according to the article 53 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 59. Obligations of the benefited

      59.1 The prison benefits of semi-freedom and conditional release require the recipient to spend the night at the address specified, as well as the compliance of the rules of conduct set by the judge, and the commitments of employment or educational assumed to apply for the benefit of prison.

     59.2 In any case, the beneficiary is subject to control and inspection of the representative of the Public Ministry and the prison authorities. Also, you may be subject to electronic surveillance staff.

     (The text according to the article 54 of the Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 60. Rules of conduct

      The Judge, in granting the benefit prison of semi-freedom, or conditional release, shall lay down the following rules of conduct in conjunction with, or ac:

     1. Prohibition to frequent specific places, closed, or open to the public that are deemed directly or indirectly linked with criminal activities or other risky practices or violent.

     2. Prohibition on visits to inmates in correctional institutions, or to establish contact with them by any means of communication, except in the case of ascendants, descendants, spouse or cohabitant.

     3. No contact or communication with people who integrate it, act or cooperate with criminal activities; as well as those sentenced and/or requisitoriadas, except in the case of ascendants, descendants, spouse or cohabitant.

     4. Prohibition is absent from the place where he resides and vary from home without the permission of the Judge. The authorization shall be communicated necessarily to the prison authorities concerned.

     5. To appear personal, and necessarily before the judicial authority to inform and justify their activities with a periodicity of 30 days or that you set the resolution granting the benefit.

     6. Go to the prison authorities corresponding nearest to your home with the periodicity of 30 days, in order to continue the treatment in the free medium and consolidate the treatment received at the penitentiary establishment.

     7. To comply with the payment of the civil restitution and a fine in the amount and term that the judge may determine.

     8. The recipient does not have in his power objects susceptible to the commission of a criminal activity or to facilitate its realization.

     9. Obligation to undergo treatment for drug detoxification or alcohol in the event that the judge may determine.

     10. Other duties as the Judge deems appropriate to consolidate the social rehabilitation of the beneficiary, provided that they do not violate their dignity and fundamental rights.

     (The text according to the article 55 of the Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 61. Revocation

      The prison benefits of semi-freedom, or conditional release was revoked if the beneficiary commits a new intentional crime; is in breach of the rules of conduct set forth in article 55 of this standard; or violates the proper use and custody of the mechanism of electronic surveillance staff.

     (The text according to the article 56 of the Italian Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

     Article 62. Effects of revocation

      62.1 The lifting of the prison benefits of semi-freedom, or conditional release, by the commission of new intentional crime, enforce the time of the penalty pending at the time of the granting of the benefit. In other cases, the recipient shall comply with the time slope of the penalty to be imposed from the time of termination of the recall.

     62.2 The inmate to whom he revoked the semi-freedom or conditional release will not be able to re-gain access to these benefits for the same sentence.

     (The text according to the article 57 of Legislative Decree No. 654, modified according to the article 2 of Legislative Decree No. 1296)

SECTION V

TEMPORAL APPLICATION

      (Section built according to the article 3 of Legislative Decree No. 1296)

     Article 63. Temporal application of the benefits of redemption of sorrow for the job or education, of semi-freedom and conditional release

      63.1 The prison benefits of semi-freedom and conditional release is implemented in accordance with the law in force at the time of the judgment of conviction firm.

     63.2 In the case of the redemption of the penalty for the job and the education will respect the computing differential of redemption that the inmate could have been playing with previously.

     (Article built according to the article 3 of Legislative Decree No. 1296)

SECTION VI

VISIT INTIMATE

     Article 64. Visit intimate

      64.1 intimate visits has by purpose the maintenance of the relationship of the house with your spouse or cohabiting partner accredited, under the recommendations of hygiene and family planning and prevention of medical. Is granted by the Director of the Penitentiary Establishment, in accordance with the Regulation, under the responsibility.

     64.2 The same benefit, and under the same conditions, has the inside is not married nor cohabiting in respect of the partner which it designates.

     (The text according to the article 58 of the Italian Legislative Decree No. 654, modified according to the article 2 of the Law No. 30253)

SECTION VII

OTHER BENEFITS

     Article 65. Stimuli and rewards

      The acts that evidence in the internal spirit of solidarity and sense of responsibility, both in personal behavior as well as in the activity organized in a Prison Facility, they are stimulated by rewards conferred by the Board of Technical corrections and that are recorded in your personnel file.

     These rewards are:

     1.- Authorization to work in overtime.

     2.- Perform work auxiliary to the Prison Administration, which do not involve functions authoritative.

     3.- Grant extraordinary communications and visits.

     4.- Other determined by the Rules.

     (The text according to the article 59 of Legislative Decree No. 654)

CHAPTER FIVE

REVIEW OF THE SENTENCE OF LIFE IMPRISONMENT

(Chapter incorporated pursuant to the article 4 of Legislative Decree No. 921)

     Article 66.- Procedure

      1. The penalty of life imprisonment will be reviewed ex officio or at the request of a party when the convicted person has served 35 years of deprivation of liberty by the court that imposed the sentence, instructing the Technical Council Prison in the period of fifteen days to organize the file that will contain the documents indicated in article 54 of this code. Also available in the same term being taken to the condemned tests of physical, mental, and others that are considered relevant.

     2. Complied with the provisions of the preceding paragraph, shall be served in all actions at the domestic, the Public Ministry and the civil party, in order that in the period of ten days to provide the evidence which they consider relevant.

     3. In a private audience that will commence within ten days of expiry of the term referred to in the previous subsection, we are going to act tests offered and that the court would be willing, we will examine the internal and the parties will be able to make their oral arguments. The resolution of the review will be announced at the conclusion of the hearing, or within the following three days.

     4. The court resolved to keep the condemnation or declare accomplished by ordering the release. For these effects to take into consideration the demands of the individualization of punishment in attention to the occurrence of positive factors in the evolution of the internal to establish that they have met the end of correctional treatment.

     5. Against the decision of the court applicable, within three days, resource impugnatorio to the top. The file will rise immediately and run view prosecutor within 24 hours of receipt. The opinion shall be delivered within ten days, and the resolution that absolves the degree will be delivered in the same period.

     6. Each time the court resolved to maintain the conviction, after a year, there will be a new review, ex officio or at the request of either party, following the same procedure.

CHAPTER SIX

REVIEW OF THE SENTENCE OF DISQUALIFICATION, PERPETUAL

(Chapter built according to the article 3 of Legislative Decree No. 1243)

     Article 67.- Procedure

      1. The sentence of disqualification, perpetual is revised, either ex officio or at the request of a party, by the court which imposed the sentence, when the convicted person to serve twenty years worth of disqualification.

     2. The condemned is declared refurbished when it is verified that do not have a criminal record for crimes committed during the execution of the penalty of disqualification, that you do not have pending process at the national level and that is not registered in the National Registry of Debtors of Repairs to Civilian – REDERECI.

     3. The request of rehabilitation, there is transfer of all the proceedings to the Public prosecutor's office and the civil party, so that in a period of five days to provide the evidence which they consider relevant.

     4. In a private audience, which is initiated within ten days of expiry of the term referred to in the previous subsection, we verify the requirements referred to in paragraph 1, shall act in the evidence offered, we examine the condemned and can make oral submissions. The appropriate resolution is passed at the end of the hearing, or within three days following.

     5. The court resolved while maintaining the sentence of disqualification or declaring rehabilitated, and the person convicted, in accordance with article 69 of the Criminal Code.

     6. Against the decision of the court applicable resource impugnatorio to the hierarchical superior shall, within three days. The record rises immediately and runs vista prosecutor within 24 hours of receipt. The tax opinion is issued within ten days, and the resolution that it absolves the degree is delivered in the same period.

     7. Each time the court resolved to maintain the conviction, after a year, a new review, at the request of a party, following the same procedure.

TITLE III

CORRECTIONAL TREATMENT

FIRST CHAPTER

GENERAL PROVISIONS

     Article 68. Objective of the penitentiary treatment

      Correctional treatment has as its goal the re-education, rehabilitation and reintegration of the inmate to the society.

     (The text according to the article 60 of Legislative Decree No. 654)

     Article 69. Definition of the penitentiary treatment

      Correctional treatment is individualized and group. Consists in the use of methods, medical, biological, psychological, psychiatric, educational, social, work, and all those that can achieve the goal of treatment according to the characteristics of the internal.

     (The text according to the article 61 of the Legislative Decree No. 654)

     Article 70. Individualization of treatment

      To individualize the treatment is the comprehensive study of the internal through observation and tests that correspond to formulate the diagnosis and prognosis criminológico.

     (The text according to the article 62 of the Legislative Decree No. 654)

     Article 71. Classification of the internal

      The internal is classified in homogeneous groups differentiated in the Correctional Facility or portion thereof that corresponds to determining the program of individualized treatment.

     (The text according to the article 63 of the Legislative Decree No. 654)

     Article 72. Categories of Classification of the internal

      The classification of the internal is continuous, according to his conduct, and in the following categories:

     1.- Easily readaptable; and,

     2.- Hardly readaptable.

     (The text according to the article 64 of the Legislative Decree No. 654)

SECOND CHAPTER

WORK

     Article 73. The work for the internal and processing

      The work is a right and a duty of the internal, contributes to their rehabilitation, is organized and plan according to their aptitude and qualification work is compatible with the security of the penitentiary establishment.

     The work done by the internal processed is voluntary.

     (The text according to the article 65 of the Legislative Decree No. 654, modified as the sole article of Law No. 27187)

     Article 74. Regulation of prison labour

      The organization of prison labor, its methods, schedules, preventive action, hygiene and safety, are regulated by the Regulation and by the legislation of the work, as applicable.

     (The text according to the article 66 of the Legislative Decree No. 654)

     Article 75. Remuneration

      75.1 the work of The internal is paid. Of the remuneration of 10% will mandatory for the costs generated by the work activity of the internal, with the remainder to be distributed in the manner provided in the bylaws.

     75.2 The payment made by this concept will be paid on a monthly basis in favor of the National Penitentiary Institute. If you interrupted a delay in payment, will not be charged interest, blackberries or other rights. In this latter case, the INPE and the inmate will sign an agreement to cancel the debt by instalments within a period of six months. The cancellation of the debt enables the procedure to obtain the certificate, computer work and the enjoyment of the benefit of prison, for the case that you have the right to the redemption of the penalty for the job.

     75.3 The Directors of the establishments or their designees will, at the request of a party, the settlement of debts arising from the work of the internal applicant.

     (The text according to the article 67 of the Italian Legislative Decree No. 654, modified as the sole article of Law No. 27875)

     Article 76. However, the remuneration

      The remuneration of the work of the internal only is attachable according to law.

     (The text according to the article 68 of the Italian Legislative Decree No. 654)

CHAPTER THREE

EDUCATION

     Article 77. Education intern

      In each Prison Establishment promotes the education of the internal to their professional training or occupational training. The programs that are running are subject to the current legislation in the field of education.

     (The text according to the article 69 of the Legislative Decree No. 654)

     Article 78. Internal illiterate

      The internal illiterate involved necessarily in the programs of literacy and primary education for adults.

     (The text according to the article 70 of the Legislative Decree No. 654)

     Article 79. Obligation to the technical learning

      The intern who has no profession or occupation known, is bound to the technical learning, according to their aptitudes, interests and vocation.

     (The text according to the article 71 of the Legislative Decree No. 654)

     Article 80. Uptake of resources for the area of job training and educational

      In the case of job training and education production technique of the internal students on the basis of productive projects and business to produce a profit, 10% of them will necessarily to pay the costs arising from the implementation and maintenance of the centers of education technical production, with the remainder to be distributed in the manner provided in the bylaws.

     (Article built according to the article 2 of Legislative Decree No. 1239)

     Article 81. Studies by correspondence, radio, or television

      The Prison Administration provides facilities to the internal to perform studies by correspondence, radio, or television.

     (The text according to the article 72 of the Legislative Decree No. 654)

     Article 82. Promoting the art, the moral and the sport

      The Prison Administration promotes the artistic education, moral and civic education, and sports practices in the internal.

     (The text according to the article 73 of the Legislative Decree No. 654)

     Article 83. Right to information

      83.1 The inmate has the right to dispose of books, newspapers and magazines. You can also be informed through auditions for the radio, television, and other similar.

     83.2 The Technical Council Prison may, by a reasoned resolution and treatment requirements, establish limitations to this right.

     (The text according to the article 74 of the Legislative Decree No. 654)

     Article 84. Awarding of certificates, diplomas and degrees

      The competent educational authorities awarded certificates, diplomas and degrees to which has earned the inner, not to mention the educational center of the Penitentiary Establishment.

     (The text according to the article 75 of the Legislative Decree No. 654)

FOURTH CHAPTER

HEALTH

     Article 85. Physical well-being mental

      85.1 The inmate has the right to attain, maintain, or recover mental and physical well being. The Prison Administration shall provide for the development of the actions of prevention, promotion and restoration of health, taking into account the national health policies and especially the guidelines and measures outlined by the Ministry of Health.

     85.2 For these effects, sit up to a representative and an alternate to the National Penitentiary Institute of the National Council of Health – CNS, which shall perform their functions in accordance to the Law 27813 and its Regulation. The representative must be the chief executive officer of the INPE. The alternate representative will be attending the sessions of the CNS in the absence of the owner.

     (The text according to the article 76 of the Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

     Article 86. Medical service

      Every institution has a basic health service in charge of a health care professional, responsible care for the well being of the internal and monitor conditions in the environment of the establishment, with the collaboration of the professional staff necessary.

     (The text according to the article 77 of the Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

     Article 87. Specialized medical services

      In a prison where you justify the need of specialized services, you can count on professionals, medical specialists and other health professionals as well as the technical and support staff health.

     (The text according to the article 78 of the Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

     Article 88. Environments for health services

      88.1 prisons are equipped with environments for the care of emergency and emergency, outpatient and/or detention, according to your needs, with the team, human resource and medical instruments corresponding to; also, must be according to the categories of health facilities established by the Ministry of Health and must be registered in the National Registry of IPRESS managed by SUSALUD.

     88.2 Also have specific areas of isolation for cases of infectious and contagious diseases and for psychiatric treatment and for the care of drug addicts and alcoholics.

     (The text according to the article 79 of the Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

     Article 89. Medical service particular

      The intern may request, at its own expense, the medical services of professionals outside the Correctional Facility.

     (The text according to the article 80 of the Legislative Decree No. 654)

     Article 90. Medical services for women and children

      90.1 In Prisons for women or the sectors for them, there is an environment equipped with material of obstetrics and gynecology.

     90.2 In Special Facilities for mothers with children, there is an environment and materials needed for child care.

     (The text according to the article 81 of the Italian Legislative Decree No. 654)

     Article 91. Medical care outside

      91.1 The internal that requires specialized medical care outside of the Prison is requested by the Technical Council Prison, which shall provide that a medical board made up of three professionals from the Prison Administration's decision, within the third day, about the origin of the request, under the responsibility. In places where there is not the required number of physicians, to complete the number with professionals in the service of the State. Only in the case in which there is no possibility of establishing this board is done with the doctors there.

     91.2 In case of emergency, the Director of the Penitentiary Establishment may authorize the medical care outside of the Prison, realizing immediately to the Technical Council of Prison and the representative of the Public Ministry and, in the case of the internal processing, the Judge who knows the process.

     91.3 The specialized medical care outside of the Prison may be performed in a health care center, public or private.

     91.4 The Director shall, in all cases, the appropriate safety measures, under the responsibility.

     (The text according to the article 82 of the Legislative Decree No. 654)

     Article 92. Transfer to a center specialized hospital

      Before the onset of any mental disorder during the seclusion that seriously impairs the concept of the reality of the internal, it is appropriate to transfer to a center specialized hospital, according to the medical report issued by the prison administration following a decision by the judge that ordered the internment.

     (Article incorporated according to the first additional provision amending the Legislative Decree No. 1325)

CHAPTER FIVE

SOCIAL ASSISTANCE

     Article 93. Social Assistance

      The social assistance system supports the internal, the victim of the crime, and the immediate family members of both.

     (The text according to the article 83 of the Legislative Decree No. 654)

     Article 94. Shares of the social assistance

      Social support develops the necessary actions to maintain relations between the inner and your family.

     (Text according to article 84 of the Legislative Decree No. 654)

     Article 95. Treatment of the internal and obtaining of work and accommodation

      The social assistance to participate in the process of treatment of internal and coordinates with the Boards of Assistance Post-prison in the actions for the obtaining of work and accommodation of the internal next to his release.

     (The text according to the article 85 of the Legislative Decree No. 654)

     Article 96. Support of organizations in the process of treatment of the internal

      The social assistance promotes the support of the public and private organizations in the process of treatment of the internal, of the victim of the crime and the immediate family members of both.

     (The text according to the article 86 of the Legislative Decree No. 654)

CHAPTER SIX

LEGAL ASSISTANCE

     Article 97. Free Legal assistance

      In each Facility, operates a service to provide free legal assistance to internal and technical advice for the administration of the former.

     (The text according to the article 87 of the Legislative Decree No. 654)

     Article 98. Conformation of Legal Assistance

      The legal assistance is formed by lawyers of the institution and for students of the last two years of the Faculties of Law, in numbers proportional to the population of the prisons. Students who participate in this program may enforce the work as a practice to pre-professional.

     (The text according to the article 88 of the Legislative Decree No. 654)

     Article 99. Competition for the right to Legal Assistance

      The legal assistance absolves the queries made by the internal, to provide the most suitable advice. It assumes, first and foremost, the defense of the internal indigent.

     In no event interferes in the defense of the internal appoint a private lawyer.

     (Text according to article 89 of the Legislative Decree No. 654)

     Article 100. Advice regarding the processing of prison benefits

      The legal aid provides advice and assistance to internal sentenced in the organization and processing of dossiers for profit prisons.

     (The text according to the article 90 of the Legislative Decree No. 654)

     Article 101. Prohibition of the members of the Legal Aid

      The members of the legal assistance are prohibited from exercising the defense of particular inmates.

     (The text according to the article 91 of the Legislative Decree No. 654)

CHAPTER SEVENTH

PSYCHOLOGICAL ASSISTANCE

     Article 102. Psychological assistance

      The psychological assistance, the study of the personality of the internal and apply the appropriate methods to achieve the purposes of the processing.

     (The text according to the article 92 of the Italian Legislative Decree No. 654)

CHAPTER EIGHT

RELIGIOUS ASSISTANCE

     Article 103. Freedom of worship and religious assistance

      The Prison Administration guarantees the freedom of religion and provided the means to exercise it. The intern may request to be assisted by the ministers of the religion he professes.

     (The text according to the article 93 of Legislative Decree No. 654)

     Article 104. Free to attend acts of worship

      No inmate will be required to attend acts of worship or prevented from attending to them.

     (The text according to the article 94 of the Legislative Decree No. 654)

TITLE IV

PRISONS

FIRST CHAPTER

FACILITIES

     Article 105. Classes of Prisons

      The Prisons are categorized into:

     1.- Establishments Processed.

     2.- Establishments Sentenced.

     3.- Establishments of Women.

     4.- Special Establishments.

     (The text according to the article 95 of the Italian Legislative Decree No. 654)

     Article 106. Establishments processed

      The Establishments Processed are those intended for the arrest and custody of an inmate in the process of investigation and prosecution. In these Establishments operate Centers of Observation and Classification.

     (The text according to the article 96 of the Legislative Decree No. 654)

     Article 107. Establishments sentenced

      The Establishments of Sentenced are intended for internal sentenced to a penalty involving deprivation of liberty and they are:

     1.- Closed.

     2.- Regime semi-open.

     3.- Open regime.

     (The text according to the article 97 of the Legislative Decree No. 654)

     Article 108. Facilities closed

      108.1 Establishments closed are classified into ordinary and special.

     108.2 Establishments closed in ordinary are characterized by the strict control and limitation in the common activities and relations with the outside world.

     108.3 Establishments closed special are intended for internal convicted of difficult rehabilitation and, exceptionally, in separate environments to processing that you have this condition, giving account to the competent authority.

     (The text according to the article 98 of Legislative Decree No. 654)

     Article 109. Regime establishments semi-open

      The regime Establishments semi-open is characterized by a greater freedom in the common activities, family relationships, social and recreational activities of the internal.

     (The text according to the article 99 of the Italian Legislative Decree No. 654)

     Article 110. Establishments open regime

      Establishments open regime are those exempt from surveillance, in which the internal is unfolding in conditions similar to those of the life of freedom, without prejudice to the assessment of their conduct.

     (The text according to the article 100 of Legislative Decree No. 654)

     Article 111. Agricultural settlements, agricultural and industrial

      The Prison Administration promotes the creation of colonies, or agricultural villages, agricultural and industrial, where the internal and your family develop work activities and social life.

     (Text according to article 101 of the Italian Legislative Decree No. 654)

     Article 112. Establishments Women

      The Establishments of Women are in charge, exclusively, for female staff. The assistance legal, medical, and religious may be in charge of men.

     (The text according to the article 102 of the Legislative Decree No. 654)

     Article 113. Age limit of the child to live with mother internal

      Minor children are taken to the Correctional Facility for the inmate, they may stay up to three years of age, previous research, social welfare, and must be cared for in a child care center. Provisionally, they can stay in the Prison Establishment, in separate environments. When the child reached the age referred to, your future permanence on the outside is determined by who exercises parental authority or guardianship. In the case of moral hazard, social assistance coordinates with the Juvenile Judge.

     (The text according to the article 103 of the Legislative Decree No. 654)

     Article 114. Special Facilities

      The Special Establishments are those in which prevails the character of care, and include:

     1.- Hospitals.

     2.- Psychiatric centres.

     3.- Geriatric centres.

     4.- Centers for mothers with children, the same that have a local kindergarten.

     5.- Centers for the implementation of the security measures to be determined by the Criminal Code.

     (The text according to the article 104 of the Legislative Decree No. 654)

     Article 115. Required services of the prison

      Prisons are equipped with the necessary facilities, including environments for nursing, school, library, workshops, athletic and recreational facilities, telephone booths and additional rooms for family relationships and everything that allows you to develop in the internal life organized community and a proper classification in relation to the purposes for which, in each case, they are attributed. According to the prison regime established, the prison administration shall establish control of the money and shopping articles through the electronic media, contributing to the safety prison.

     (The text according to the article 105 of the Legislative Decree No. 654, modified according to the article 1 of Legislative Decree No. 1239)

SECOND CHAPTER

ORGANS

     Article 116. Bodies of the Penitentiary Establishment

      The Correctional Facility has a Director, a deputy Director, technical bodies and administrative and personnel determined by the Prison Administration.

     (The text according to the article 106 of Legislative Decree No. 654)

     Article 117. Director of the Penitentiary Establishment

      117.1 The Director is the highest authority of the institution and is responsible for the management and security, as well as the application of this Code and its Regulations. In the absence of the Director, the deputy Director, or whoever, assumes its functions.

     117.2 In case of emergency, only the Director, or whoever, may authorize the entry of the National Police in the Facility.

     (The text according to the article 107 of Legislative Decree No. 654)

     Article 118. Technical body Treatment

      The Technical Body of Treatment is integrated by professionals from the prison administration.

     (Text according to article 108 of the Legislative Decree No. 654)

     Article 119. Technical Council Prison

      The Technical Council Prison is integrated by the Director, who presides, the Administrator, the Head of Prison Security, the Head of the Technical Body of Treatment and the professionals who determine the Rules. Adopts its decisions by a majority.

     (The text according to the article 109 of the Italian Legislative Decree No. 654)

     Article 120. Functions of the Technical Council Prison

      Are functions of the Technical Council Prison:

     1.- To advise the Director of the Establishment in the actions of management, treatment and safety.

     2.- Investigate and impose penalties for disciplinary offences and to resolve the petitions for reconsideration.

     3.- Assess the reports of the treatment professionals and to propose to the inmate to the prison benefits.

     4.- In cases of progression or regression in the handling of the internal can propose the change of regime or the transfer to another Correctional Facility.

     5.- The other set forth in this Code and its Regulations.

     (Text according to article 110 of the Italian Legislative Decree No. 654)

     Article 121. Location of the Penitentiary Establishments

      The Prison Administration determines the location of the Penitentiary Establishments, according to the National Plan of Regionalization.

     (The text according to the article 111 of the Italian Legislative Decree No. 654)

CHAPTER THREE

SECURITY

     Article 122. Prison Security

      The organ of the security of the Prison is the one in charge of provide the optimal conditions to develop treatment actions. Applies the measures that guarantee the safety of people, facilities, and communications.

     (The text according to the article 112 of the Legislative Decree No. 654)

     Article 123. Exceptional transfer of internal security measures

      The internal that puts at risk the safety prison or disrupts the integrity of the prison staff, or the police, or is found in flagrante delicto criminal or is involved in the commission of a crime, which could jeopardize the safety of the citizen, shall be transferred by the causal security prison to another prison facility determined by the INPE, in a maximum period of 48 hours, under the functional responsibility.

     (Article incorporated pursuant to the second additional provision amending the Legislative Decree No. 1325)

     Article 124. Conduct of internal investigations or similar acts performed outside of prisons

      Driving internal to the conduct of judicial proceedings, hospital or other similar acts permitted by Law, shall be made by the prison staff. The INPE be asked to support the National Police of Peru, where appropriate.

     (Article incorporated pursuant to the second additional provision amending the Legislative Decree No. 1325)

     Article 125. Safety coordination

      125.1 INPE, according to his Plan, Security Operations, coordinate with the National Police of Peru the support for the implementation of actions of conduction and transfer of inmates.

     125.2 Also, coordinate with the National Police of Peru, the Military, Local Governments, and the support and response actions in the cases that occur breach of security inside and outside of prisons, during the execution of measures of conduction, transfer of inmates and other emergency situations; with the aim of put on alert the respective Safety Plan Set.

     (Article incorporated pursuant to the second additional provision amending the Legislative Decree No. 1325)

     Article 126. Security of the Penitentiary Establishments

      126.1 security of Correctional institutions and agencies related, is in charge of the prison staff safety. Exceptionally, the external security of the Prisons, at the request of the National Penitentiary Institute, is in charge of the Ministry of the Interior. Includes the monitoring and control of external areas adjacent to the perimeter of the Facility. The external security of the Penitentiary Establishments of women is in charge of female staff.

     126.2 The security provided to the outside of the criminal can be delivered to the private sector for provision, through a public-private partnership. In these cases, the National Penitentiary Institute monitors, regulates and supervises the proper provision of those services.

     (The text according to the article 113 of the Legislative Decree No. 654, modified according to the first additional provision amending the Legislative Decree No. 1229)

     Article 127. Special rules of procedure of the security personnel

      The security personnel are governed by a special regulation. Porta firearms for the performance of its functions, with the provisions of article 285 of the Constitution of Peru.

     (Text based on article 114 of the Italian Legislative Decree No. 654)

     Article 128. Control visits and communications

      The personal security of the Prison is the one in charge of the control of the visits and communications of the inmates.

     (The text according to the article 115 of the Legislative Decree No. 654)

     Article 129. Control of entry of goods

      The amount, type, and other conditions of the goods that are entering the prisons, treatment, maintenance of infrastructure, management, health, safety, and on the occasion of visits to internal, is set in the Regulations.

     (Article built according to the fourth additional provision amending the Legislative Decree No. 1325)

     Article 130. Use of force and weapons

      The security staff can make use of force and arms, to the extent strictly necessary, to handle situations of violence or alterations to the order generated by the internal or affecting the security of the Penitentiary Establishment.

     (The text according to the article 116 of the Italian Legislative Decree No. 654)

     Article 131. Coordination of the Prison Administration

      The Prison Administration maintains coordination with the Armed Forces, National Police and public and private agencies, to ensure an efficient support in the plans and actions of security.

     (Text according to article 117 of the Italian Legislative Decree No. 654)

TITLE V

EXECUTION OF SENTENCES RESTRICTIVE OF FREEDOM

     Article 132. Expulsion from the country

      Serving a custodial sentence, or grant a benefit penitentiary, the alien is sentenced to the penalty of expulsion from the country is posted by the Director of the penitentiary establishment at the disposal of the competent authority, for the fulfillment of the sentence.

     (The text according to the article 118 of the Legislative Decree No. 654, modified according to the third additional provision amending Act No. 30219)

TITLE VI

EXECUTION OF SENTENCES LIMITING OF RIGHTS

     Article 133. Provision of services to the community

      133.1 The penalty provision of services to the community, forcing the punished to jobs for free in health-care organisations, hospitals, schools, orphanages and other similar institutions, or public works.

     133.2 The Prison Administration coordinates with the institutions referred to for the purposes of meeting the needs of the same to map the provision of services.

     (The text according to the article 119 of the Legislative Decree No. 654)

     Article 134. Skills of a prison and place of execution

      134.1 To assign the services, you have the skills, occupation, or profession, age and state of health of the punishable.

     134.2 The provision of services is carried out, preferably, in the place of domicile of the punishable.

     (The text according to the article 120 of Legislative Decree No. 654)

     Article 135. Supervision of the execution

      The supervision of the execution of the penalty provision of services to the community is in charge of the Prison Administration, the same that periodically reports to the Judge that he knew of the process and the representative of the Public Ministry.

     (The text according to the article 121 of the Legislative Decree No. 654)

     Article 136. Limitation of the free days

      The sentenced to the penalty of limitation of the free days, remains on Saturdays, Sundays and holidays, by the time that determines the sentence, in an establishment organized for educational purposes to charge of the Prison Administration.

     (Text according to article 122 of Legislative Decree No. 654)

     Article 137. Implementation of local

      The Prison administration manages the implementation of suitable premises for the execution of the penalty of limitation of the free days. The facilities are equipped with the necessary professionals to guide the punishable to the effects of their rehabilitation.

     (Text according to article 123 of the Legislative Decree No. 654)

     Article 138. Regulation

      The Regulation contains the supplementary provisions relating to this Title.

     (Text according to article 124 of the Legislative Decree No. 654)

TITLE VII

ASSISTANCE POST-PRISON

     Article 139. The purpose of the Assistance Post-prison

      The Assistance Post-prison is designed to support the released for their return to society. Its activities complement the actions of correctional treatment.

     (Text according to article 125 of the Legislative Decree No. 654)

     Article 140. Boards of Assistance Post-prison

      In each region prison work Together to Support Post-corrections that may be necessary, built by an interdisciplinary team, with the participation of Universities, Professional Associations, Regional and Local Governments and other entities established by the Regulations.

     (Text according to article 126 of the Legislative Decree No. 654)

     Article 141. Powers of the Boards of Assistance Post-prison

      The powers of the Boards of Assistance Post-prison:

     1.- Manage the annulment of court records, criminal and law enforcement released.

     2.- Provide social assistance to released, the victim of the crime, and the immediate family members of both.

     3.- Monitor the released conditionally and request the revocation of the benefit in the case of breach of the rules of conduct imposed.

     4.- Support released in obtaining work.

     5.- The other set forth in this Code and its Regulations.

     (The text according to the article 127 of the Legislative Decree No. 654)

     Article 142. Coordination of Meetings Attendance

      The Boards Support Post-prison will maintain coordination with the institutions and organizations that are dedicated especially to the assistance of the inmates and those released.

     (Text according to article 128 of the Legislative Decree No. 654)

TITLE VIII

PRISON STAFF

     Article 143. Staff of the Prison Administration

      The Prison Administration has the necessary staff and duly qualified for the compliance of the provisions of this Code and its Regulations. The squares are covered by strict line of the race, according to the ranks.

     (The text according to the article 129 of Legislative Decree No. 654)

     Article 144. The Race Prison

      The prison staff is selected, formed and trained permanently in the National Center for Studies in Criminology and Prison of the National Penitentiary Institute. The race prison comprises the treatment staff, administration, and security.

     (Text according to article 130 of Legislative Decree No. 654)

     Article 145. Rights and obligations of the prison staff

      The prison staff is subject, in regard to their rights and obligations, as set out in this Code and the Rules of Organization and Functions.

     (The text according to the article 131 of the Legislative Decree No. 654)

     Article 146. Organization and employment regime

      The prison staff is organized hierarchically, and is subject to a regime of labour remuneration and special.

     (The text according to the article 132 of Legislative Decree No. 654)

TITLE IX

NATIONAL PENITENTIARY INSTITUTE

     Article 147. National Penitentiary Institute

      147.1 The National Penitentiary Institute (INPE) is a public body, executor under the Ministry of Justice and Human Rights, a legal person of public law internal and with functional autonomy, administrative, economic and financial, in the exercise of its powers; it is a statement on the budget.

     147.2 The INPE is the governing body of the National Penitentiary System. Their powers and functions are regulated in the Law of the matter.

     147.3 The services provided to the interior of the criminal, in charge of the National Penitentiary Institute and the Ministry of the Interior, as well as the security provided to the outside of the criminal, may be transferred to the private sector for provision. When these services rely on the security services, the National Penitentiary Institute monitors, regulates and supervises their correct execution.

     (The text according to the article 133 of the Legislative Decree No. 654, modified according to the second additional provision amending the Legislative Decree No. 1328)

     Article 148. Resources INPE

      Are resources of the National Penitentiary Institute:

     1.- The fifth part of the goods and the money confiscated and fines imposed by the crime and misconduct commission.

     2.- The amount of the civil remedies that would not have been claimed by your beneficiary within two years following their consignment.

     (Text according to article 140 of the Legislative Decree No. 654, whose numerals 1, 4, 5 and 6 original were repealed according to the one Complementary Derogation of Legislative Decree No. 1328)

ADDITIONAL PROVISIONS TO THE END

     Unique. Competition judges

      The Courts that met the respective processes, process and respond to the requests of prison benefits set forth in this Code, based on the validity of the new Organic Law of the Judiciary.

     (Text section of the Final and Transitional Provisions of Legislative Decree No. 654)

SUPPLEMENTARY PROVISIONS TRANSITIONAL

     Unique. Conduction and transfer of internal

      The conduction and transfer of the inmates are in charge of the Ministry of the Interior, while you implement the personal safety prison.

     (Text section of the Final and Transitional Provisions of Legislative Decree No. 654)

SUPPLEMENTARY PROVISIONS REPEAL

     Unique. Repeal

      Harbor Legislative Decree No. 330. In both the enactment of the Organic Law of the Judiciary, the judges of Criminal Enforcement will continue to exert its function.

     (Text section of the Final and Transitional Provisions of Legislative Decree No. 654)

BOX OF MODIFICATIONS TO THE ORDERLY UNIQUE TEXT OF THE CODE OF CRIMINAL ENFORCEMENT

ARTICLE AFFECTED INVOLVEMENT LEGAL DATE OF PUBLICATION

TEXT AMENDING:

            "Article 46. Irrelevance, and special cases of redemption of sorrow for work or study

            It is not from the profit prison of redemption of the penalty for the work or study for those inmates who have committed crimes related to organized crime, according to the Law 30077, anti-Organized Crime Law. Nor is it appropriate for inmates sentenced for the crimes provided for in articles 108-C, 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J, and in chapters IX, X and XI of Title IV of the Second Book of the Penal Code.”

 

            In the cases of inmates who have committed the offences provided for in articles 189, and 200 of the first, second, fifth, and sixth paragraph of the Criminal Code, the redemption of sorrow for the job or the education is done at the rate of one day of the punishment for five days of work or study, respectively.

 

            In the cases of inmates who have committed the offences provided for in articles 107, 108, 108-A, 108-B, 121-B, 200 seventh, eighth, and ninth paragraph, 279-G, 297, 317, 317-A, 317-B, and 319 to 323 of the Penal Code, the redemption of sorrow for the job or the education is done at the rate of one day of shame for seven days of work or study, respectively.

 

            Repeat offenders and the usual of any crime, provided that this is not prohibited redemption, redeem worth through work or education on the basis of one day of shame for seven days of actual work or study, respectively."

TEXT AMENDING

            "Article 50. Irrelevance, and special cases of the prison benefits of semi-freedom, or conditional release

            They are not from the prison benefits of semi-freedom and conditional release for those inmates who have committed crimes related to organized crime, according to the Law 30077, anti-Organized Crime Law.

 

            Nor are they appropriate for those inmates who are sentenced for the commission of the crimes provided for in articles 107, 108, 108-A, 108-B, 108-C, 108-D, 121-B, 152, 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J, 189, 200, 279-A, 297, 317, 317-A, 317-B, 319, 320, 321, 322, 323, 325, 326, 327, 328, 329, 330, 331, 332, 346, 382, 383, 384, first, second and third paragraphs of the 387, 389, 393, 393-To, 394, 395, 396, 397, 397-A, 398, 399, 400 and 401, as well as the offences provided for in chapters IX, X and XI of Title IV of the Second Book of the Penal Code.

 

            Inmates sentenced for the commission of the alleged crime referred to in articles 121, the first paragraph of article 189, 279, 279-B, and-279-G provided that you are in the stage of minimum or medium security of the regime closed the ordinary and it is your first conviction effective, subject to the payment of the penalty of fine, and the full amount of the judgement as a civil redress, will be able to access the conditional release when they have served three-quarters of the sentence."

TEXT AMENDING:

            “Article 44. Redemption of sorrow for the job

            The internal located in the stage of minimum and medium security of the regime closed regular redeem worth by working at the rate of one day of sorrow for one day of effective work.

            [...].”

TEXT AMENDING:

            “Article 45. Redemption penalty for study

            The internal located in the stage of “minimum” and “medium” security of the regime closed regular redeem worth through education on the basis of one day of sorrow for one day of study, approving previously the periodic assessment of the studies.

            [...].”

TEXT AMENDING:

            “Article 47. On the accumulation of the redemption of penalty for study and work

            The benefit of the redemption of the penalty for the job and the education is not cumulative when these are carried out simultaneously, with the exception of the inmate who is in the stage of minimum-security of the regime closed the ordinary and which is provided with three consecutive evaluations favorable.

 

            Whenever the law does not prohibit the redemption, the intern will be able to accumulate the time to stay effective in the correctional facility with the time penalty redeemed for work or education for the enforcement of the sentence or the fulfillment of the time required to access the day release or conditional release. In these cases, you must comply with the procedures and requirements established by the Regulations.”