CODE OF MILITARY JUSTICE, POLICE

LEGISLATIVE DECREE No. 961

Enacted : 10.01.2006

Published : 11.01.2006

INDEX

PRELIMINARY TITLE Article I Object Code Article II Pre-eminence of the standards in the field of Human Rights Article III Principle of legality Article IV Prohibition of analogy Article V Principle of harmfulness Article VI Prohibition of double criminality Article VII Knowledge of the law Article VIII Natural judge Article IX Function of the punishment and security measures Article X Principle of guilt Article XI Right defence Article XII Double instance Article XIII Comprehensive research Article XIV Supplementary application BOOK FIRST GENERAL PART TITLE I OF THE CRIMINAL LAW   Chapter I Spatial Application   Article 1 Principle of territoriality   Article 2 Extraterritoriality   Article 3 Extradition and Surrender   Article 4 Ubiquity   Chapter II Temporal Application   Article 5 Temporal application of the law   Article 6 Time of the commission   Chapter III Personal Application   Article 7 Military or police   Article 8 Principle of equality TITLE II THE FACT PUNISHABLE FUNCTION   Article 9 Violation military or police   Article 10 Default inappropriate   Article 11 Error-type and error-ban   Article 12 Attempt   Article 13 Withdrawal   Article 14 Withdrawal in a contest of people   Article 15 Contest of persons in the conduct punishable   Article 16 Authors   Article 17 Participants   Article 18 Incommunicability   Article 19 Absence of responsibility   Article 20 Excluding imperfect TITLE III THE CONSEQUENCES LEGAL CONDUCT PUNISHABLE   CHAPTER I Kinds of Sentences   Article 21 Criminal Penalties   Article 22 Penalty involving deprivation of liberty   Article 23 Computing   Article 24 Kinds of sentences limiting other rights   Article 25 Imposition of penalties, limiting rights   Article 26 Effects of the penalty of expulsion   Article 27 Separation from service   Article 28 Effects of the separation from service   Article 29 Disqualification   Article 30 Disabling main or accessory   Article 31 Duration of the Disqualification   Article 32 Penalty fine   Article 33 Time and form of payment   CHAPTER II Application of Penalties   Article 34 Motivation of the process of individualization of punishment   Article 35 Parameters and the basis for the individualization of punishment   Article 36 Circumstances of minor criminality   Article 37 Circumstances of greater criminality   Article 38 Perfect competition offences   Article 39 Continuing offence   Article 40 Real contest of crimes   Article 41 Real contest retrospective   CHAPTER III Conversion of the sentence   Article 42 Conversion of the sentence of imprisonment   Article 43 Revocation of the conversion   Article 44 Fine   CHAPTER IV Suspension of the Execution of the Sentence   Article 45 Term and requirements   Article 46 Rules of Conduct   Article 47 Breach of the Rules of Conduct   Article 48 Automatic Revocation   Article 49 Extinction of the Sentence   CHAPTER V Waiver of Penalty   Article 50 Waiver of penalty   CHAPTER VI Rehabilitation   Article 51 Rehabilitation Automatic   Article 52 Booking on the Sentence Imposed   CHAPTER VII Security measures   Article 53 Applicable Provisions TITLE IV THE EXTINCTION OF THE CRIMINAL ACTION AND CONVICTION   Article 54 Causes of extinction of the penal action   Article 55 Causes of extinction of the sentence   Article 56 Limitation periods   Article 57 Start of the limitation period   Article 58 Prescription in contest TITLE V REPAIR CIVIL   Article 59 Civil remedies   Article 60 Restitution of the property   Article 61 Joint And Several Liability   Article 62 Sentenced Insolvent   Article 63 Civil actions   Article 64 Confiscation of Property   Article 65 Forfeiture and Civil Redress BOOK TWO PART SPECIAL TITLE I OFFENCES AGAINST THE NATIONAL DEFENCE   Chapter I Treason   Article 66 Treason   Article 67 Treason in time of peace   Chapter II Crimes against the internal security   Article 68 Rebellion of the military police   Article 69 Waiver of penalty   Article 70 Sedition   Article 71 Riot   Article 72 Refusal of the military or police to avoid rebellion, sedition or mutiny   Article 73 Collaboration with illegal organization   Article 74 False Alarm   Article 75 Defeatism   Article 76 Conspiracy of the military police   Article 77 Common provisions – Aggravating circumstances inherent to military and police   Chapter III Breach of information related to the National Defense, Internal Order and public Safety   Article 78 Infidencia   Article 79 Unauthorized possession of information   Article 80 Infidencia culpable   Chapter IV Outrage on national symbols of military and police   Article 81 Outrage on national symbols of military and police   Article 82 Outrage to the Armed Forces and National Police of Peru TITLE II CRIMES AGAINST THE INTERNATIONAL HUMANITARIAN LAW   CHAPTER I Crimes against persons protected by International Humanitarian Law committed by military personnel or police   Article 83 Special provisions   Article 84 Responsibility of commanders and other superiors   Article 85 Superior orders   Article 86 Limitations   Article 87 Universal Jurisdiction   Article 88 Non Bis In Idem   Article 89 Responsibility of the State   Article 90 Crimes against persons protected by IHL   Article 91 Aggravated form   Article 92 Injury to the enemy out of combat   Article 93 Confinement behind illegal   Article 94 Persons protected by IHL   Chapter II Crimes of use of prohibited methods in the conduct of hostilities   Article 95 Methods prohibited in hostilities   Article 96 Aggravated form   Chapter III Crimes against property and other rights   Article 97 Looting, destruction, misappropriation and confiscation of goods   Article 98 Abolition of rights and actions   Chapter IV Crimes against humanitarian operations and emblems   Article 99 Crimes against humanitarian operations   Article 100 Misuse of protective signs   Article 101 Extensive damage and severe natural environment   Chapter V Crimes of employment of prohibited means in the conduct of hostilities   Article 102 Prohibited means in hostilities   Article 103 Aggravated form   Article 104 Systematic Plan   Chapter VI Chapter II   Article 105 Disqualification TITLE III CRIMES AGAINST THE SECURITY SERVICE   Chapter I Crimes committed by a sentry, guard or liable for the security   Article 106 Violation of setpoint   Article 107 Abandonment of post   Article 108 Omission of notice or repulsion   Article 109 Abandonment of post   Article 110 Abandonment escort   Article 111 Security of the facilities and property   Chapter II Drop-out   Article 112 Drop-out   Article 113 Defection in the Prisoner-of-war   Article 114 Waiver of penalty   Chapter III Disabling volunteer for active service   Article 115 Disability volunteered for the service   Article 116 Simulation   Article 117 Collaboration   Chapter IV Capitulation Undue and Cowardice   Article 118 Capitulation undue   Article 119 Cowardice   Article 120 Exemption TITLE IV CRIMES AGAINST THE INSTITUTIONAL INTEGRITY   Chapter I Insult to the Upper   Article 121 Insult to the Upper - Aggression   Article 122 Act tending to attack or threaten   Article 123 Coercion, defamation and insult   Chapter II Insubordination   Article 124 Insubordination   Article 125 Threats   Chapter III Disobedience   Article 126 Disobedience   Article 127 Disobedience – a breach of itinerary   Article 128 Excuse improper   Chapter IV Crimes against the security service   Article 129 Disobedience in the service of security   Article 130 Aggression in the service of security TITLE V CRIMES COMMITTED IN THE EXERCISE OF COMMAND OR AUTHORITY   Chapter I Omission of duties of the controller   Article 131 Abandonment of command   Article 132 Misuse of weapons   Article 133 Start of operation is unnecessary   Chapter II Offences against the Administration of Military Police   Article 134 Against the function and administration of military police TITLE VI CRIMES OF VIOLATION OF THE DUTY MILITARY POLICE (*) GRINDING ERRATA   Chapter I Crimes against the duty military police   Article 135 Abandonment of post   Article 136 Damage to operations by the fault   Article 137 Omission of fulfillment of duty in operational function   Article 138 Command negligent or military police   Chapter II Excesses in the exercise of the degree, control, or position in the Military Police   Article 139 Excesses in the faculty of command   Article 140 Mode negligent in the exercise of a degree, hierarchy or control   Article 141 Excesses in the exercise of command in tort of the subordinate TITLE VII CRIMES THAT AFFECT THE RESOURCES ALLOCATED TO THE NATIONAL DEFENSE AND INTERNAL ORDER   Article 142 Involvement of the goods for the defence, national security and internal order   Article 143 Facilitating culpable   Article 144 Damage or deterioration culpable TITLE VIII CRIMES AGAINST FIDELITY TO THE FUNCTION OF MILITARY POLICE   Article 145 False information on matters of service   Article 146 Falsification or adulteration of documentation of military police   Article 147 False certification   Article 148 Improper use of insignia or badges   Article 149 Destruction of document military police THIRD BOOK CRIMINAL PROCEDURE TITLE I PRINCIPLES AND PROCEDURAL GUARANTEES   Article 150 Pre-trial   Article 151 The beginning of the process   Article 152 Impartiality and independence   Article 153 Principle of the presumption of innocence   Article 154 Right not to-incrimination   Article 155 Interpreter   Article 156 Protection of privacy and Privacy   Article 157 Prohibition of Incommunicado detention and the Secret   Article 158 Rights of the victim   Article 159 Equality of treatment   Article 160 Separation of the function of investigating and judging   Article 161 Justice in a reasonable time   Article 162 Judgment   Article 163 Motivation   Article 164 Deliberation   Article 165 Legality and validity of the test   Article 166 Exclusions   Article 167 Assessment of evidence   Article 168 Temporal Application   Article 169 Solution to the Conflict   Article 170 Rules of Interpretation   Article 171 Measures of Coercion   Article 172 Prison conditions TITLE II ACTIONS THAT ARE BORN OF THE CRIME   Chapter I Criminal Action   Section I General Rules   Article 173 Criminal Action Public   Article 174 Question   Article 175 Priority   Article 176 Effects of Question, and the Precedence of   Article 177 Preliminary Question   Section II Exceptions   Article 178 Enumeration   Article 179 Pending   Article 180 Effects   Chapter II Civil Action   Article 181 Civil Action   Article 182 Exercise   Article 183 Delegation   Article 184 State Interests TITLE III CRIMINAL JUSTICE   Chapter I Jurisdiction and venue   Article 185 Jurisdiction   Article 186 Improrrogabilidad of the military criminal jurisdiction of police   Article 187 Limits of the jurisdiction of military criminal police TITLE IV THE COMPETITION   Article 188 Determination of the competition   Article 189 Effects of competition issues   Article 190 Contention competition for requirement   Article 191 Contention competition for inhibition   Article 192 Race competition   Article 193 Query the Judge   Article 194 Inhibition of the Judge   Chapter I The Competition for Territory   Article 195 Territorial jurisdiction   Article 196 Crimes committed in a means of transport   Article 197 Crime committed in the foreign   Article 198 And serious crimes of national significance   Article 199 Validity of the procedural acts already made   Chapter II Competent Courts   Article 200 Organs   Article 201 Inhibition   Article 202 Requirements of the challenge   Article 203 Replacement of the inhibited or challenged   Article 204 Proceeding when the Judge does not agree to the challenge   Article 205 Special procedures   Article 206 Inhibition or disqualification of secretaries and assistants jurisdictional   Article 207 Resolution and errands urgent TITLE V PARTIES TO THE PROCEEDINGS   CHAPTER I THE ACCUSED   Section One: General Rules   Article 208 Rights of the Accused   Article 209 Identification   Article 210 Home   Article 211 Inimputabilidad processing   Article 212 Mental disorder occurring   Article 213 Disease of the accused   Article 214 Quarterly report of the Director of the Centre Hospitalier   Article 215 The absence of the accused and the Absence   Section Two: Defense   Article 216 Freedom of Declare   Article 217 Registration   Article 218 Development   Article 219 Prohibited methods   Article 220 Powers Military Police   Article 221 Valuation   Article 222 Right of election   Article 223 Appointment   Article 224 Appointment in case of emergency   Article 225 Waiver and relinquishment   Article 226 Plurality of defenders   CHAPTER II THE VICTIM   First Section: Fundamental Rights   Article 227 Quality of victim   Article 228 Rights of the Victim   Article 229 Technical Advice   Second Section: Civil Action   Article 230 Civil action   Article 231 Form and content of the civil action   Article 232 Opportunity   Article 233 Withdrawal   Article 234 Impairment of going to the track extra – criminal   Article 235 Actor Civil Crimes-of-Function Military Police   CHAPTER III THE MILITARY PROSECUTOR'S OFFICE POLICE   Article 236 Functions   Article 237 Objectivity   Article 238 Powers and duties   Article 239 Inhibition   Article 240 Armed forces and National Police   Article 241 Support of the Police and the Armed Forces   Article 242 Coordination   Article 243 The Organs of Military Control and law enforcement   Article 244 The responsibility of the officer's negligent   CHAPTER IV RULES COMMON TO THE PARTIES   Article 245 Good faith procedure   Article 246 Power of discipline and discretion TITLE VI PROCEDURAL ACTS   Chapter I Language and form of the Procedural Acts   Article 247 Language   Article 248 Day and hour compliance   Article 249 Place   Article 250 Documentation   Article 251 Minutes   Article 252 Invalidity of the act   Article 253 Booking of the original   Chapter II Acts and Judicial Decisions   Article 254 Court Decisions   Article 255 Explanatory   Article 256 Replacement   Article 257 True Copy   Chapter III Deadlines   Article 258 General Principles   Article 259 Court deadlines   Article 260 Timelines for resolving   Article 261 Replacement of the term   Chapter IV Control of the duration of the Procedure   Article 262 Maximum duration   Article 263 Compensation   Article 264 Complaint for Delay of Justice   Article 265 Delay in the Precautionary Measures   Chapter V Rules of Judicial Cooperation   Article 266 Cooperation of authorities   Article 267 Cooperation with other authorities   Article 268 Denial or suspension of cooperation   Article 269 Joint investigations   Chapter VI Communications   Article 270 General Rule TITLE VII INVALIDITY OF THE PROCEDURAL ACTS   Article 271 Article 149   Article 272 Sanitation   Article 273 Taxatividad   Article 274 Absolute nullity   Article 275 Relative invalidity   Article 276 Validation   Article 277 Sanitation   Article 278 Effects of annulment TITLE VIII MEANS TEST   CHAPTER I GENERAL RULES   Article 279 Probation   Article 280 Admissibility of Evidence   Article 281 Regardless of Test   CHAPTER II CHECKS DIRECT   Article 282 Object   Article 283 Fitness   Article 284 Participation of witnesses and experts   Article 285 Registration of persons   Article 286 Vehicle registration   Article 287 Search and Registration of Purple   Article 288 Special Places   Article 289 Search without Court Authorization   Article 290 Processing of the authorization   Article 291 Authorization of the court   Article 292 Delivery of Objects or Documents   Article 293 Procedure for forfeiture   Article 294 Objects that are not subject to forfeiture   Article 295 Communications   Article 296 Closure of local   Article 297 Seizure data   Article 298 Control   Article 299 Destination of the seized objects   CHAPTER III TESTIMONIALS   Article 300 Duty to testify   Article 301 Capacity of witness   Article 302 Abstention to testify   Article 303 Criterion judicial   Article 304 Compulsion   Article 305 Residents Abroad   Article 306 Declaration form   CHAPTER IV SURVEYS   Article 307 Source   Article 308 Appointment   Article 309 Procedure for the appointment and duties of the expert   Article 310 Impairment and surrogacy expert   Article 311 Access to the process and reserve   Article 312 Expert party   Article 313 Content of the expert report official   Article 314 Content of the expert report of part   Article 315 Additional rules   Article 316 Expert examination   CHAPTER V THE CONFRONTATION   Article 317 Source   Article 318 Rules of the confrontation   CHAPTER VI OTHER MEANS OF PROOF   Article 319 Acknowledgements   Article 320 Report   Article 321 People recognition   Article 322 Precaution   Article 323 Lifting corpse   Article 324 Necropsy   Article 325 Embalming a corpse   Article 326 Examination of the viscera and materials suspicious   Article 327 Examination of injuries and sexual assault   Article 328 Pre-existence and Valuation TITLE IX MEASURES OF COERCION AND PRECAUTIONARY   CHAPTER I MEASURES OF COERCION   Article 329 General Principle   Article 330 Freedom   Article 331 Measures of coercion   Article 332 Article 192   Article 333 Form and character   Article 334 Maximum duration   Article 335 Treatment   Article 336 Cessation of Preventive detention   Article 337 Recall and review of the precautionary measures. Release   Article 338 Non-compliance   Article 339 Limitations of pre-trial detention   Article 340 Admission   Article 341 Arrest without warrant   Article 342 Flagrante delicto   Article 343 Detention   CHAPTER II PRECAUTIONARY MEASURES   Article 344 Search without Court Authorization   Article 345 Inquiry on property which is the subject   Article 346 However   Article 347 Execution and appeal of the car, however   Article 348 Variation and Uprising of the freezing   Article 349 Judgment lien   Article 350 Authorization to sell the attached article   Article 351 Disaffection and Third-party   Article 352 Procedure of appeal at second instance TITLE X ORDINARY PROCEDURE   Chapter I GENERAL ASPECTS OF THE PREPARATORY STAGE   Article 353 Purpose   Article 354 Record research   Article 355 Value of the performances   Article 356 Performance court   Article 357 Incidents hearings during the preparatory stage   Chapter II Initial Acts   First Section: The Complaint   Article 358 Complaint   Article 359 Obligation to report   Article 360 Participation and responsibility   Article 361 Pending   Second section: - Initiation   Article 362 Proceedings initials   Article 363 Precautionary measures   Article 364 Preliminary investigation   Article 365 Initial assessment   Article 366 Dismissal   Article 367 File   Article 368 Control of the tax decision   Article 369 Opening of the preparatory research   Article 370 Generic research   Article 371 Public complaints   Chapter III Development of the research   Article 372 Powers   Appointment Intervention of the parties   Article 374 Advance jurisdictional test   Article 375 Urgency   Article 376 Character of the proceedings   Article 377 Duration   Article 378 Extension   Chapter IV Conclusion of the Preparatory Stage   Article 379 Acts conclusive   Article 380 Dismiss   Article 381 Content of the resolution   Article 382 Pending   Article 383 Effects   Chapter V Control of the charge   Article 384 Indictment   Article 385 Offer of Proof   Article 386 Accusation Subsidiary   Article 387 Communication to the Victim and the Actor Civil   Article 388 Defender   Article 389 Audience   Article 390 Test   Article 391 Decision   Article 392 Auto Prosecution   Chapter VI PUBLIC TRIAL   Section One: General Rules   Article 393 Trial preparation   Article 394 Division of the trial in two phases   Article 395 Exceptions   Article 396 Immediacy   Article 397 Limitations to the freedom of the accused   Article 398 Advertising   Article 399 Media   Article 400 Public access   Article 401 Orality   Article 402 Exceptions to the orality   Article 403 Order and direction of the debate   Article 404 Continuity, suspension and interruption   Article 405 Immediate Replacement   Article 406 Inability of Assistance   Article 407 Crime in the Audience   Section two: Conduct of proceedings   Article 408 Opening and Oath   Article 409 Defense   Article 410 Enlargement of the Indictment   Article 411 Reception of evidence   Article 412 Interrogation   Article 413 Experts   Article 414 Other means of Proof   Article 415 CRIMES AGAINST FIDELITY TO THE FUNCTION OF MILITARY POLICE   Article 416 Closure of Debate   Section three: the Deliberation and Judgment   Article 417 Deliberation   Article 418 Essential requirements of the Sentence   Article 419 Writing and reading   Article 420 Judgment and Accusation   Article 421 Decision   Article 422 Civil Liability   Section four: Record of the hearing   Article 423 Form   Article 424 Value of the records TITLE XI SPECIAL PROCESSES   Chapter I PROCESSES IN TIME OF ARMED CONFLICT   Article 425 Pending   Article 426 Rules   Article 427 Practice due diligence   Article 428 Diligence in places besieged   Article 429 Regular process   Article 430 Deadlines   Chapter II ABBREVIATED PROCEDURES   First Section: Full   Article 431 Eligibility   Article 432 Processing and Resolution   Article 433 Inadmissibility   Second Section: Partial Agreement   Article 434 Eligibility   Article 435 Integration of the Hall of the Territorial Council Military Police   Article 436 Pending   Chapter III PROCEDURE FOR COMPLEX ISSUES   Article 437 Provenance and Processing   Article 438 Deadlines   Article 439 Production of Test Mass   Chapter IV PROCEDURE FOR THE APPLICATION OF SAFETY MEASURES   Article 440 Source TITLE XII CONTROL OF THE JUDICIAL DECISIONS   Chapter I GENERAL RULES   Article 441 General Principle   Article 442 Accession   Article 443 Decisions during the Hearings   Article 444 Extension   Article 445 Suspensive Effect   Article 446 Withdrawal   Article 447 Competition   Article 448 Reform in Prejudice   Chapter II DECISIONS CHALLENGEABLE   Article 449 Decisions Challengeable   Article 450 Dismiss   Article 451 Judgment Of Conviction   Article 452 Acquittal   Article 453 Recasting of Sentences   Article 454 Legitimation of the accused   Article 455 Legitimation of the Victim and the Actor Civil   Article 456 Legitimation of the Fiscal   Article 457 Interposition   Article 458 Test   Article 459 Location   Article 460 Audience   Article 461 Resolution   Article 462 Forwarding   Chapter III REVIEW OF A FINAL JUDGMENT   Article 463 Source   Article 464 Legitimation   Article 465 Interposition   Article 466 Procedure   Article 467 Resolution BOOK FOUR: CRIMINAL ENFORCEMENT TITLE I PRELIMINARY PROVISIONS   Article 468 Legality   Article 469 Right Defence   Article 470 Principle of Equality   Article 471 Control in the execution of the sentence   Article 472 Principle of humanity penalties   Article 473 Retroactivity benign   Article 474 Community Participation   Article 475 Execution of the sentence TITLE II RIGHTS and OBLIGATIONS OF THE INTERNAL   Chapter I Rights   Article 476 Internal   Article 477 Rights   Article 478 Enumeration   Article 479 Right of the woman   Aggravated form Of the obligations   Article 480 Obligations of the internal TITLE III ENFORCEMENT OF SENTENCES   Chapter I Of the Death Penalty   Article 481 Isolation of the convicted person   Article 482 Designation of place and date   Article 483 Notification of the execution   Article 484 Execution of the death penalty   Article 485 Implementation of more of a convicted   Article 486 Verification of the death   Article 487 Certification   Chapter II Sentences Limiting of Rights   Article 488 Degradation   Article 489 Act of degradation   Article 490 Proceedings of the degradation   Article 491 Expulsion   Article 492 Temporary separation, or absolute service   Chapter III Penalty involving Deprivation of Liberty   Article 493 Custodial sentence   Article 494 Remission of testimony and conviction records   Article 495 Purpose of the Sentence of imprisonment   Article 496 Diagnosis and location   Article 497 Treatment   Article 498 Treatment report TITLE IV PRISON BENEFITS   Chapter I Exit permit   Article 499 The benefit of departure   Chapter II Redemption penalty   Article 500 Redemption Penalties   Article 501 Exceptions   Chapter III Prelibertad   Article 502 Prelibertad   Article 503 Outputs Transitional and Benefits   Section 504 Granting of the benefit   Article 505 Revocation   Chapter IV Probation   Article 506 Probation   Article 507 Requirements   Article 508 Procedure   Article 509 Revocation TITLE V GENERAL BUREAU OF PRISONS MILITARY POLICE   Article 510 General bureau of prisons Military Police TITLE VI OF THE PRISONS MILITARY POLICE   CHAPTER I Organization of places of Detention   Article 511 Places of Detention   Article 512 Authorities of the Detention Centre   CHAPTER II Of the prisons Military Police   Article 513 Classification   Article 514 Prisoners of War   Article 515 Exception TITLE VII DISCIPLINARY REGIME   Chapter I Of the Offenses and Penalties   Article 516 Disciplinary Regime   Article 517 Disciplinary Authority   Article 518 Disciplinary Offenses   Article 519 Article 95   Article 520 Penalties for Serious Offenses   Chapter II Procedure for Imposing Sanctions   Article 521 Start of the procedure   Article 522 Disciplinary procedure   Article 523 Criteria for determining the punishment   Article 524 Requirements of the resolution   Article 525 Resource challenge   Article 526 Coercive measures of an Emergency SUPPLEMENTARY PROVISIONS First Second FINAL PROVISIONS First Second Third Fourth Fifth TRANSITIONAL PROVISIONS First Second Table of Amendments

 

PRELIMINARY TITLE

      Article I. - purpose of the Code.

      1. The Code of Military Justice, Police has the fundamental objective is to prevent the commission of the crimes-of-function military or police, as a means protector and fulfilment of the constitutional of the Armed Forces and the National Police, contributing to the maintenance of order and discipline in his paintings.

     2. This Code of Military Justice, Police is preventive in nature and rehabilitative.

     3. Its provisions do not include disciplinary infractions military police, which are governed by their specific provisions.

      Article II.- Pre-eminence of the standards in the field of Human Rights.

      The principles and assumptions contained in the Constitution relating to the fundamental rights of the person and in the International Treaties on Human Rights, ratified by the Peruvian State, take precedence over the provisions of this Code.

      Article III.- Principle of legality.

      1. No military or police will be investigated, prosecuted, or punished for an act or omission that was not intended to be so clear and express as a crime-of-function military or police for the criminal law in force at the time of its commission, or subjected to penalty or security measure that are not set forth in it; with the exception of the common crimes, as well as crimes against humanity, which are governed by the Criminal Code and criminal laws common.

     2. Will not run penalty or security measure in a manner other than as established in the law and regulations that implement it.

      Article IV.- Prohibition of analogy.

     1. It is not permitted analogy to qualify as a crime of military duties, or police, to define a state of danger or determine the worth or security measure that is appropriate.

     2. The analogy applies only in favor of the defendant.

      Article V. - Beginning of harmfulness.

      The penalty requires the injury or violation of legal rights linked with the purposes of the Armed Forces and National Police provided for in the Constitution and the law.

      Article VI.- Prohibition of double criminality.

      1. No military or police will be prosecuted or punished more than once, provided that you appreciate the identity of the subject, fact and foundation.

     2. May not be imposed successively or simultaneously, a penalty and an administrative sanction in the cases where you appreciate the triple-identity given above.

     The criminal law military police has preeminence over the sanctioning administrative law, so if you notice that a criminal process military police is linked to an administrative procedure is in progress, the latter should be withheld as a result of that is resolved in the criminal process.

      Article VII.- Knowledge of the law

      The military and police have the duty to know the provisions of this Code, not being able to claim ignorance to absolve themselves of responsibility.

      Article VIII.- Natural judge

      The members of the Armed Forces and National Police forces on active service, when they commit offences referred to in this code, can only be tried by the judges and rooms set out in this legal system and instituted prior to the commission of the criminal act, and in the manner indicated legally.

      Article IX.- Function of the punishment and security measures

      1. Punishment has a preventive function and orientation resocializadora. The security measures for purposes of rehabilitation, and securing dangerous.

     2. The imposition of the sentence and the extent of security, as the case may be, shall be adjusted according to the principles of proportionality, the protection of the victim, humanity and need.

      Article X. - the Principle of guilt

      The penalty requires that the guilt of the author. Is banned any form of strict liability.

      Article XI.- Right defence

      In any action to guarantee the right of defence, which must be integral, uninterrupted, technical, and material.

      Article XII.- Double instance

     The judgments and orders can be contested or consulted, except for the exceptions enshrined in the law.

     The court reviewer will not be able to aggravate the penalty to be imposed when the person be appellant only.

      Article XIII.- Comprehensive research

     The judicial officer has the obligation to investigate both the favorable and the unfavorable to the interests of the accused and other persons involved in the process.

      Article XIV.- Supplementary application

      In case of empty or default of this Code, shall be of supplementary application of the rules of the general part and special foreseen in the Criminal Code(*) GRINDING ERRATA, procedural rules related and execution, as permitted by their special nature and do not run counter to the precepts of this Code.

BOOK FIRST

GENERAL PART

TITLE I

OF THE CRIMINAL LAW

Chapter I

Spatial Application

      Article 1 .- Principle of territoriality

     1. The provisions of this code apply to the military or police who commits the crime of function in acts of service, or on the occasion of him, in the territory of the Republic, except in the cases specified by International Law.

     2. Also apply to the crimes of the function committed in:

     to. Aircraft and ships to military or national police, where they are, or are occupied by order of legal authority, military or police, or are in the service of the Armed Forces or National Police, though they were private property.

     b. Aircraft or ships civilian national and civil or military, foreign, when they are in places subject to military jurisdiction of peru.

      Article 2.- Extraterritoriality

      The provisions of this code apply to the military or police who commits the crime of function in the foreigner, if:

     1. These effects will occur in places subject to the jurisdiction of military or police, provided they have not been processed on the outside.

     2. The officer is a military officer or police service of the Nation.

     3. It threatens the security of the Nation.

     4. For the fulfillment of international treaties.

      Article 3.- Extradition and Surrender .

     The extradition and surrender of members of the Armed Forces or National Police is regulated according to the Law of the matter.

     The peruvian Law may be applied when requested they do not extradite to the agent to the competent authority of the foreign State.

      Article 4.- Ubiquity

      The place of commission of a crime of function is one in which the military or police has acted or omitted to be a duty or function in which they produce their effects.

Chapter II

Temporal Application

      Article 5.- Temporal application of the law .

     1. The applicable law is the law in effect at the time of the commission of the criminal act.

     2. In case of doubt or conflict in time, it will be applied to the criminal act that is more favorable to the defendant.

     3. If during the execution of the sanction will enter into force a law that is more favorable to the sentenced, will be replaced by the proportionally appropriate, in accordance with the new law, and in attention to the criteria of determination of the worth that has been set in the sentence. For these purposes, supplementary application of the rules on conversion of penalties applied by the ordinary criminal courts. In any case, the proportionality of sentences must be understood as rules proportional in the sense of arithmetic, and should always save the proportionality of systemic criminal penalties.

      Article 6.- Time of the commission.
      The criminal act is considered made at the time of the execution of the action or in the one that had to take place the action missed, even when it's another of the result.

Chapter III

Personal Application

      Article 7.- Military or police.

     The provisions of this Code apply to members of the Armed Forces and National Police, authors and/or participants of the criminal military police or military function of the police; according to the following criteria:

     1. Question of behaviors that affect the Armed Forces or the National Police(*) GRINDING ERRATArelated to the purposes constitutional meet these institutions, since this is its material object of guardianship military criminal police.

     2. The active subject is a military or police, a member of the Armed Forces or the National Police, which has made the conduct when he was in a situation of activity.

     3. That the criminal act was perpetrated in the act of service or on the occasion of him.

     4. The age of the subject asset is greater than 18 years of age.

     Are considered to be military or police officers:

     1. Which, in accordance with the Organic Laws of the Army, Navy, Air Force and the Law of the National Police, with the Laws of Military Status or Police and Military Service Act, have military-grade or police, serving in the military, and integrate these institutions hold positions or functions,

     2. Those that are part of the reservation of the Institutes of the Armed Forces, always provide active services.

     3. Professionals assimilated to the Armed Forces or National Police.

     4. The prisoners of war in armed conflict is external.

      Article 8.- Principle of equality.

      The provisions of this Code apply to the members of the Armed Forces and National Police in accordance with the principle of equality, in accordance with the Constitution, laws or international treaties.

TITLE II

THE FACT PUNISHABLE FUNCTION .

      Article 9.- Violation military or police

     1. They are crimes of military duties, or police actions or omissions, intentional or negligent punished by this Code.

     2. This Code describes the crimes of function with malicious intent. The crimes of function culpable must be expressly mentioned in the law.

     3. The crimes of the function are of the competence of the judges, military police, while the faults of function will be punished for disciplinary reasons.

     4. In any case can be judged by military justice, police, the crimes of torture, genocide, enforced disappearance, discrimination, under the terms defined in the law and international conventions and treaties ratified by Peru.

      Article 10.- Default inappropriate .

     Shall be punished by the omission of the duties of military police or by reason of their position or function, provided that the do not avoid it consists, according to the text of the law, to the completion of the criminal offence by a do. The worth of the override may be attenuated.

      Article 11.- Error-type and error-ban

      1.- The error on an element of an offence, a circumstance aggravating or mitigating punishment, if it is invincible excludes liability, to the aggravation or mitigation, but be vencible, the violation shall be punished as guilty when I find planned as such in law.

     2.- The error on the legality of the constituting act of the criminal offence, if it is invincible, it excludes liability, but be vencible, it may mitigate the penalty.

      Article 12.- Attempt

      1. In the attempt, the agent starts the execution of a crime-of-function military or police intentional, without consumarlo. The Judge reprimirá the attempt decreasing prudencialmente worth it.

     2. It is not a punishable attempt when it is impossible the consummation of the crime, by the inidoneidad of the means employed or the object.

      Article 13.- Withdrawal

      If the agent withdraws voluntarily from continuing the acts of execution of the crime, or to prevent the occurrence of the outcome, will be punished only when the acts performed are other crimes.

      Article 14.- Withdrawal in a contest of people.

      If multiple agents are involved in the fact, is not punishable attempt of one who voluntarily prevent the result, nor the one who make every effort to help with the means at its disposal to prevent the execution of the crime even though the other participants may continue in their execution or consummation.

      Article 15.- Contest of persons in the conduct punishable.

     Concur in the execution of the criminal act, the authors and the participants.

      Article 16.- Authors

      1. He is the author of the military or police who carried out the conduct punishable function by itself, by means of another, or as if by prior agreement, the committed together, and will be repressed with the penalty prescribed for such violation.

     2. It is responsible as author of the military or police, who acts on behalf of other military or police and carries out the statutory rate of a crime of function, although the special elements that underlie or exacerbate the penalty, not only he, but in whom it represents.

      Article 17.- Participants

     1. The military or police intentionally determine to another to perform the criminal act shall be sentenced to the penalty provided for the author.

     2. The military or police non-pay relief acts, previous or simultaneous to the realization of the fact punishable without which has not been committed, shall be sentenced to the penalty provided for the author.

     If any other mode has been rendered non-attendance will decrease prudencialmente worth it.

      Article 18.- Incommunicability .

     The circumstances and qualities that affect the liability of any of the authors, and participate in, do not change those of the other authors or members of the same punishable act.

      Article 19.- Absence of responsibility

      Are exempt from criminal liability and punishment:

     1.- Which due to a mental disorder, severe alteration in consciousness or suffer alterations in perception, does not possess the faculty of understanding the character delinquent of his act or to be determined according to this understanding;

     2.- In defense of legal property of its own or of third parties, under the assault, unlawful, need rational of the means employed to prevent or repelerla, and lack of provocation enough of the one who makes the defense.

     3.- The first of a present danger and insurmountable otherwise, that threatens the life, bodily integrity, freedom, or other legal right, performs a fact intended to avert the danger from himself or of another, provided that the appreciation of the legal property in conflict affected and the intensity of the danger that threatens, the well-protected is predominant on the interests damaged; and using a suitable means to overcome the danger.

     4.- Which, to a present danger and not avoidable otherwise, that means a threat to life, bodily integrity, health, or individual freedom, performs a fact anti-legal to ward off the danger to yourself or another. Not applicable for this exemption if the agent might be required to accept, or soportase the danger in the circumstances; in particular, if caused the danger, or be bound by a particular legal relationship.

     5.- The work in compliance with legitimate duty military or police, or in the exercise of a right.

     6.- The that in the absence of conduct acts violated by a physical force irresistible.

     7.- The acting with the valid consent of the holder of a legal right of free disposal.

     8.- The who refuses to comply with an order given by an authority or hierarchical superior competent, manifestly unconstitutional or illegal, or otherwise be contrary to the usages of war.

     10. Under 18 years of age.

      Article 20.- Excluding imperfect

      The Judge may reduce prudencialmente the penalty appointed for the conduct punishable function, in the following cases:

      1. When not attend any of the requirements for the exemption of responsibility.

     2. When the military or police may have more than 18 years and under 21 years of age, or more than 65 years at the time of the commission of the offence

TITLE III

THE LEGAL CONSEQUENCES OF THE CONDUCT PUNISHABLE

CHAPTER I

Kinds of Sentences

      Article 21.- Criminal Penalties

      The only penalties that may be imposed under the provisions of this Code, are the following:

     1. Death penalty, for treason to the country in case of war outside

     2. Penalty involving deprivation of liberty.

     3. Worth of Limitation of Rights.

     4. Community work in facilities, military or police

     5. Fine

      Article 22 .- Penalty involving deprivation of liberty

      1. The penalty involving deprivation of liberty may be temporary or life imprisonment; in the first case you will have a duration of three months and a maximum of thirty-five years.

     2. The life imprisonment may be imposed by the unanimity of the Room, otherwise it will impose prison sentences of up to thirty to thirty-five years. The life sentence will be revised when the convicted person has completed fifteen years of prison sentences.

      Article 23.- Computing.

      The length of the sentence will be counted from the day that it begins to be fulfilled, and shall be paid to the prison time that had been held in custody before conviction.

      Article 24.- Kinds of sentences limiting other rights

      The punishment restrictive of rights are:

      1. Degradation;

     2. Expulsion of the Institutes or Armed National Police;

     3. Temporary separation, or absolute of the service;

     4. Disqualification.

      Article 25.- Imposition of penalties, limiting rights

      The punishment restrictive of rights are to be applied as self-employed when they are specifically indicated for each crime, and also as an alternative to prison sentences if they are provided as such in each punishable function.

      Article 26.- Effects of the penalty of expulsion

      The prison sentences greater than ten years, it will produce the expulsion of the Armed Forces or National Police. The aforementioned removal will result in the loss of the grade for military or law enforcement, termination of office of honors and of the prohibition of the use of uniforms, currency, medals and decorations, but not the loss of remuneration, compensation or pension.

      Article 27 .- S preparation of the service

      The sentence of imprisonment(*) GRINDING ERRATAless than two years will produce the temporary separation of the service during the term of the sentence; the larger of the two years it will take to get the absolute separation of the service.

      Article 28 .- Effects of the separation from service

      1.- The absolute separation of the service will pass to the military situation or police retirement sentenced; and the temporary separation of the pass to the military situation, or law enforcement availability during the time of the conviction. (*) GRINDING ERRATA

     2.- The temporary separation will be a month to two years.

      Article 29.- Disqualification

      Disabling it will result as determined by the sentence:

     1.- The loss of the mandate, command, office, employment or commission that was held by the convicted person.

      2.- Inability to obtain a mandate, command, office, employment or commission of a public nature.

     3.- Inability to serve in the Armed Forces or National Police.

     4.- Inability to exercise for its own account or of a third party or through a third party, profession, trade, art, or industry that must be specified in the sentence.

     5.- Inability to carry or use firearms.

     6.- Suspension or cancellation of the authorization to drive any type of vehicle, military, or law enforcement;

     7.- Deprivation of degrees the police or the military, honorary degrees or other distinctions that correspond to the office, profession or trade which would have been the agent to commit the crime.

      Article 30 .- Disabling main or accessory

      The disqualification may be imposed as a principal or accessory.

      Article 31.- Duration of the Disqualification.

      When imposing the disqualification as a principal penalty will be extended from six months to five years. If it is imposed as an additional punishment is extended for the time of the main sentence.

      Article 32.- Penalty fine

     The fine is imposed as an accessory to the principal penalty, in the cases specified in this Code. It consists in the obligation to pay, by deposit in court the Bank of the Nation, to the order of the Superior Council of Military Criminal Police, the sum of money fixed in days-fine.

     The amount of day-fine is equivalent to average daily income of the convicted person and is determined on the basis of their assets, income, earnings, spending level, and other external signs of wealth. The amount of day-fine may not be less than 10 percent nor more than 50 percent of the daily income of the convicted person.

     The penalty of fine shall extend a minimum of ten days-a fine to a maximum of three hundred and sixty five days fine, except different layout of the law.

      Article 33.- Time and form of payment

      The fine must be paid within ten (10) days of pronounced the sentence. At the request of the convicted person and according to the circumstances credited the judge may allow the payment is divided into monthly payments up to a maximum of twenty-four (24) months.

CHAPTER II

Application of Penalties

      Article 34.- Motivation of the process of individualization of punishment .

     Every sentence must contain a rationale explicit about the reasons for the qualitative and quantitative determination of the penalty.

      Article 35.- Parameters and the basis for the individualization of punishment

     1. To make the process of individualization of punishment, the judge shall identify the sentence basic conminada, then divide the field punitive damages of mobility provisions of the law in rooms: one minimum, two intermediate and one maximum.

     2. The judge will only be able to move into the fourth minimum when there is no mitigating nor aggravating or attend only extenuating circumstances; in the rooms as intermediate when the circumstances of mitigation and aggravation, punitive, and within the fourth maximum when only the circumstances of aggravation punitive.

      Article 36.- Circumstances of minor criminality .

     Are the circumstances of minor criminality, provided they have not been provided for in another way:

     1. Have up to six months provided in the service.

     2. The absence of a criminal record.

     3. The act on the grounds noble or altruistic.

     4. The act in a state of excitement or passion excusables.

     5. The influence of pressing personal or family circumstances in the execution of the punishable act.

     6. Seek to voluntarily after the commission of the crime, void or reduce its consequences.

     7. Repair willfully damage but not in whole. Likewise, if you have proceeded to pay compensation to the people affected with the punishable act.

     8. Submitted voluntarily to the authorities after having committed the criminal act or to prevent the unfair syndication of third parties.

     9. Any circumstance of a similar significance to the previous ones.

      Article 37.- Circumstances of increased criminality.

     Are the circumstances of greater criminality, provided they have not been provided for in another way:

     1. Run behavior punishable on goods or resources allocated to activities of common utility or the satisfaction of basic needs of a community.

     2. Run behavior punishable by reason abject, futile, reward, or promise of remuneration.

     3. Employ in the execution of the criminal act means the use of which may be common danger.

     4. Run behavior punishable by concealment, abuse of the status of superiority over the victim, or by taking advantage of circumstances of time, manner, or place, which hinder the defense of the offended or the identification of the perpetrator or participant.

     5. Do more harmful the consequences of the criminal act.

     6. The position that the sentenced to occupy in society, their position, financial position, illustration, power, business or ministry.

     7. Work in partnership criminal.

     8. Run behavior punishable using an unimpeachable.

     9. When the criminal act is directed or committed wholly or partially from the inside of a place of imprisonment for whoever is deprived of his liberty, or wholly or partially outside the national territory.

     10. When the realization of the criminal act have been used explosives, lethal substances or other instruments of similar efficacy destructive.

     11. Taking advantage of situations of shipwreck, fire, earthquake, riot, public calamity or private.

     12. Exercise the Command of a military unit, naval, air, or police.

     13. Finding the imputed service, guard, patrol, or being in maneuvers or armed conflict.

     14. Making use of facilities, weapons, goods or materials in use by the military police.

      Article 38.- Perfect competition offences.

      1.- When a number of provisions are applicable to the same fact reprimirá with which to establish the most severe penalty.

      2.- The accessory penalties may be applied even though they are only provided in one of those provisions.

      Article 39.- Crime continued.

      1.- When multiple violations of the same penal law or of the same or a similar nature had been committed in the time of the action or in moments diverse, with acts executives of the same resolution, criminal, shall be considered as a single continuous offence and is punishable with the penalty applicable to the conduct punishable more serious.

     2.- If with such offences to the criminal act the agent had harmed to a plurality of persons, the penalty shall be increased by one-third of the maximum expected for the more serious crime.

      Article 40.- Real contest of crimes.

     1. When there are several offences that must be considered as so many other independent crime, shall be imposed the penalty for the most serious offence up to a third on the top, and should the judge take into account the accessory penalties and security measures.

     2. The penalty shall not exceed the maximum of the penalty involving deprivation of liberty for temporary.

      Article 41.- Real contest retrospective

      If, after the judgment of conviction is descubriere another criminal act committed before it by the same convicted, shall be subjected to a new process and shall be liable to the new corresponding penalty, in accordance with the rules of the contest, noting the civil redress for the new crime discovered.

CHAPTER III

Conversion of the sentence

      Article 42.- Conversion of the sentence of imprisonment

      In the cases that were not from the suspension of the execution of the sentence, the Judge will be able to convert the penalty of imprisonment of not more than three years in another penalty at the rate of one day of deprivation of liberty for a day-fine.

      Article 43.- Revocation of the conversion.

     1. If the convicted person does not comply, unjustifiably, with the payment of the fine, the conversion will be revoked, prior, warning, judicial, and must be executed the sentence of imprisonment fixed in the sentence.

     2. Revoked the conversion, the sentence served previously will be deducted a day fine for each day of deprivation of liberty.

     3. If the convicted person committed within the period of execution of the penalty converted according to the previous article, an intentional crime punishable in law with imprisonment for a term not less than three years, the conversion shall be revoked automatically and as well will be declared in the judgment of conviction. Made the discount corresponding to the part of the punishment converted that had been executed before the repeal, in accordance with the equivalence referred to in the above paragraph, the convicted will serve the sentence of imprisonment remainder of the first sentence and that will be imposed for the new offence.

      Article 44.- Fine.
      If the convicted person does not pay the fine within the period fixed by the sentence, it will be quoted to indicate if intended to be replaced by community work at a military facility, or police, or apply new term and pay for it. The judge may authorize the payment in installments.

     If necessary, the judge shall, however, and the public sale of the goods seized, according to the Code of Civil Procedure or run the securities.

     The amount of the fines shall constitute a fund, the Justice Military Police.

CHAPTER IV

Suspension of the Execution of the Sentence

      Article 45.- Term and requirements

      1. The Judge will be able to conditionally suspend the execution of the sentence, provided that you meet the following requirements:

     to. That the condemnation relates to involving imprisonment not to exceed three years; and

     b. The nature and the mode in the execution of the criminal act, as well as the personality, or the state of health of the author or participates do expect that this measure will prevent you from committing a new crime.

     2. The suspension period is one to two years.

      Article 46.- Rules of Conduct

      The judge to suspend the execution of the penalty shall be imposed the following rules of conduct:

     1.- Prohibition of frequenting certain places;

     2.- Prohibition of absence from place of residence without the permission of the Judge;

     3.- To appear personal, and necessarily to the Court, to inform and justify their activities;

     4. Repair the damage caused by the offence, except when you prove that it is impossible to do so;

     5. Not be punished with arrest of rigor or suspension for more than 5 days. This administrative penalty should be brought to the attention of the Judge executor within the period of suspension of the sentence to take effect;

     6. The agent does not have subject matter of facilitating the completion of another crime.

     7. Restriction of the right to reside or go to certain places, where the offence was committed or the one where resides the victim and his family;

     8. Other duties as the Judge deems appropriate to the social rehabilitation of the agent, provided that it does not offend against the dignity of the condemned.

      Article 47.- Breach of the Rules of Conduct

      If, during the period of suspension of the convicted person fails to comply with the rules of conduct imposed or was convicted of another crime, the Judge may, according to the cases:

     1. To extend the period of suspension up to half of the period initially fixed. In any case, the deferred cumulative exceed one year; or,

     2. Revoke the suspension of sentence.

      Article 48.- Automatic Revocation

      The suspension of the sentence will be revoked if, within the time limit of the test or suspension of the agent is condemned for the commission of a new intentional crime for which the punishment of imprisonment(*) GRINDING ERRATAfor more than three years; in which case it will run the suspended sentence conditionally.

      Article 49.- Extinction of the Sentence

      The conviction is deemed not to be pronounced if it takes the trial period without which the convicted person commits a new intentional crime, or infringe so persistent and stubborn to the rules of conduct set forth in the judgment.

CHAPTER V

Waiver of Penalty

      Article 50.- Waiver of penalty

     The Judge may waive the penalty, in cases in which the offence is provided for in the law with imprisonment for a term not exceeding three years or with imprisonment or limitation of rights or a fine, if the agent's responsibility is minimal.

     It may also be exempt from penalty in those cases in which the penalty is not necessary, or that there are reasons for lack of merit of worth.

     In this case, the military judge or the police, will be duly substantiated the corresponding resolution, reserving the penalty and register in the central register of convictions.

CHAPTER VI

Rehabilitation

      Article 51.- Rehabilitation Automatic

      The enforcement of the sentence imposed or the extinction of the criminal liability for a crime of military duties, or police, will produce no more processed rehabilitation.

     This produces the following effects:

     1.- Restored to the military or police in the rights suspended or restricted by the sentence. It will not produce the effect of replenishing the charge, command, commission, jobs, honors or awards that you will be deprived; and,

     2.- Delete all history on your personal records or administrative.

     For purposes of the rehabilitation, the chief of the military prison or police must notify the enforcement of the sentence to the judge who issued the sentence, who, no further proceedings shall issue the resolution of rehabilitation corresponding.

      Article 52.- Booking on the Sentence Imposed

      Produced rehabilitation, records, and / or annotations of any kind relating to the sentence imposed, will not be communicated or disseminated, under the responsibility of the competent official.

CHAPTER VII

Security measures

      Article 53.- Applicable provisions

      The provisions on the security measures provided for in the Penal Code, shall be applied by the Judges of Military Police.

TITLE IV

THE EXTINCTION OF THE CRIMINAL ACTION AND CONVICTION

      Article 54.- Causes of extinction of the penal action

      The possibility of initiating criminal action, or of pronouncing sentence expires:

     1.- By the death of the accused;

     2.- By amnesty;

     3.- By right of grace;

     4.- By prescription; and

     5.- By res judicata.

      Article 55 .- Causes of extinction of the sentence

      The execution of the penalty is extinguished:

     1.- By the death of the condemned;

     2.- By amnesty;

     3.- For pardon;

     4.- By law of grace; and,

     5.- By prescription.

      Article 56. –Limitation periods

      The criminal action, or to run a penalty prescribed in a time equal to the maximum of the penalty prescribed by law for the offence if it is deprivation of liberty.

     In the crimes that deserve to other penalties, the action prescribes after 2 years.

     In the event of armed conflict outside the criminal action shall prescribe 30 years.

      Article 57. –Start of the limitation period

      1. The period of prescription of the criminal action start:

     to. From the day it was completed, in the offence instant.

     b. From the day that ended the criminal activity in the crime continued.

     c. starting from the day you ceased to dwell, in the permanent crime.

     d. From the day that ceased criminal activity, in the attempt.

     2. The period of prescription of the penalty starts from the day that the judgment of conviction was firm.

      Article 58. –Prescription in contest

      The actions prescribed:

     1. In the case of real contest of crime, separately, within the prescribed period for each of the offences.

     2. In the case of perfect competition of crimes, when the expiration of a period equal to the maximum corresponding to the more serious crime.

TITLE V

REPAIR CIVIL

      Article 59.- Civil remedies .

     The punishable act originates obligation to repair the material and moral damage. This obligation includes:

      to. The restitution of the property or, if this is not possible, the payment of its value; and

     b. The compensation of the damages, with all the features that this implies, according to the rules of tort liability.

      Article 60.- Restitution of the property

      The restitution is made with the same fine even though it is found in the possession of third parties, without prejudice to their right to bring claims or legal actions related thereto.

      Article 61.- Joint And Several Liability

      The civil redress is solidarity between the leaders of the punishable act and the third parties civilly required.

      Article 62.- Sentenced Insolvent

      In the event that the person does not have realizable goods, the Judge will signal up to a third of their pay to the pay of the civil redress.

      Article 63 .- Civil actions

      The civil action arising from the criminal act shall not be quenched as long as they remain criminal action under military jurisdiction. It will also undertake civil action against third parties when the judgment she doesn't reach.

      Article 64.- Confiscation of Property

      The Judge will resolve the forfeiture or loss of the effects from the crime or of the instruments used in its execution, except that belonging to third parties that they would have had no intervention. If the origin of such effects to be legal, and its value is not saved in proportion to the nature and gravity of the offence, the forfeiture may be partial or may not be, at the discretion of the Judge.

      Article 65.- Forfeiture and Civil Redress

      The product of the forfeitures referred to in the preceding articles, shall apply to the repair and lack of funds in court.

BOOK SECOND

SPECIAL PART

TITLE I

OFFENCES AGAINST THE NATIONAL DEFENCE

Chapter I

Treason

      Article 66.- Treason

      Shall be punished with imprisonment of not less than thirty years and up to life imprisonment, the military, or the police, during international armed conflict commits any of the following actions:

     1. Take up arms against the Peru or their allies, or to be part in the military organization of the enemy.

     2. Induce to military personnel or law enforcement to go over to the enemy or to encourage such action.

     3. Strategically collaborate, favoring the enemy or trying to be flattering, adversely affecting the national defense in the following cases:

     to. Delivering troops, territory, plaza, office or position, construction, building, weapons or any other human resource or material to the defense, or inducing or forcing another to do so.

     b. By disabling, preventing or hindering the operation or use, temporarily or permanently, any resource or means necessary for the national defense that causes severe damage to the military operations by the police.

     c. Providing the enemy foreign power or international organization, any information, procedure, issue, event, document, data, or object whose meeting or exploitation serve for this purpose.

     d. Providing false information or omitting the exact relation of the enemy that causes severe damage to the military operations by the police.

     e. Broadcasting news soul destroying or executing any action, defeating, among military personnel, or the population that causes severe damage to the military operations by the police.

     f. Holding intelligence with the enemy.

     g. Refusing to run or leaving to comply, partially or totally, a military order or altering it arbitrarily to cause serious damage to the military operations by the police.

     4. To conspire or induce to another foreign State in war against the Peru.

     5. Perform any act aimed at favouring the military operations of the enemy, or to impair the operations of the peruvian armed forces.

     In case of war outside will be able to apply the death penalty, according to our legislation.

      Article 67.- Treason in time of peace

      The cases of the preceding article, in the cases that there is no war, foreign, or international armed conflict, shall be punished with a penalty of deprivation of liberty of not less than twenty years, with the accessory of disqualification.

Chapter II

Crimes against the internal security

      Article 68.- Rebellion of the military police:

     Commits the crime of rebellion, the military police, which collectively, are rising in arms to:

     1. Alter or abolish the constitutional regime.

     2. To prevent the formation, operation, or refurbishment of the fundamental institutions of the State.

     3. Separate part of the territory of the Republic,

     4. Subtract the obedience of the Government to a group, force, or part of the Armed Forces or National Police.

     Shall be sentenced to imprisonment for a term of five to fifteen years, with the additional penalty of disqualification.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 69.- Waiver of penalty

      Are causes of exemption from punishment for the military police:

     1. Denounce the rebellion before it started to run and avoid its consequences.

     2. To submit to the authorities, being mere executors of the rebellion prior to consummate acts of violence.

      Article 70.- Sedition

      Commits the offence of sedition by the military or police to take the weapons, collectively, to:

     1. To prevent the fulfilment of any legal rule, judgment, or punishment.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

     2. Breach of an order of the service

     3. Depose the authority, under whose orders they are or to prevent the exercise of their functions.

     4. Participate in any act of alteration of public order.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

     Shall be sentenced to imprisonment for a term of three to ten years, with the additional penalty of disqualification.

      Article 71.- Riot

      Commits an offence against the military or police, in the form tumultuous:

     1. Resists or refuses to comply with an order of service

     2. Requires the delivery of wages, rations, property or resources, or to make any claim.

     3. Occupy unduly installation, transportation, or place subject to military authority, or law enforcement at the expense of a higher order or discipline.

     Shall be sentenced with imprisonment of one to five years

      Article 72.- Refusal of the military or police to avoid rebellion, sedition or mutiny

      Not to avoid the perpetration of the crimes of rebellion, sedition or mutiny, or their development, when they have the means necessary to do so, will be repressed with a custodial sentence of not more than half of the maximum specified for the crime that was perpetrated

      Article 73.- Collaboration with illegal organization

      The military or police who instructs or gives of war material to any armed group is not authorised by the law, criminal organization or gang, or works with them, taking advantage of his military duties of the police, shall be sentenced with a penalty of deprivation of liberty of not less than twenty nor more than thirty years.

      Article 74.- False Alarm

     The military or police to cause false alarm in armed conflict, confusion, or disorder among military personnel, or of police or among the population where the forces are present, which cause serious damage or affect the operation, military or police, shall be sentenced with a penalty of deprivation of liberty of not less than eight years nor more than fifteen years.(*) GRINDING ERRATA

      Article 75.- Defeatism.

      The military or police in order to denigrate a war involving Peru, perform publicly acts or spoken words of contempt against the same, its condition or the operations of war or against the peruvian armed forces;and that threaten the integrity, independence, and power unit of the state,(*) shall be sentenced with a penalty of deprivation of liberty of not less than five years nor more than ten years.

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 76.- Conspiracy of the military police.

      The military or police who take part in a conspiracy of two or more people to commit crimes of rebellion, sedition or mutiny, shall be sentenced to imprisonment for a term not greater than the half of the maximum fixed for the offence was commit.

      Article 77.- Common provisions – Aggravating circumstances inherent to military and police

      The crimes of rebellion, sedition or mutiny will be repressed with imprisonment for a term not less than half of the maximum fixed for the offence perpetrated in the following cases:

     1. By being a leader, or leader, or the most ancient in the degree of the group.

     2. For doing it in front of the enemy.

Chapter III

Breach of information related to the National Defense, Internal Order and public Safety

      Article 78.- Infidencia

      The military or police is appropriated, destroyed, disclosed, or published, in any form or by any means, without permission or provide classified information or of interest to the military or police, which clearly harmed or put in a grave danger to the national defense, internal order or public security, shall be sentenced with a penalty of deprivation of liberty of not less than five years nor more than ten years, with the accessory of disqualification.

      Article 79.- Unauthorized possession of information

      The military or police, who in international armed conflict, owns and obtained without authorization, classified information or of interest to the military, a non-profit handed over to the enemy or foreign power, shall be sentenced to imprisonment for a term not to exceed five years.

      Article 80.- Infidencia culpable

      The military or police by guilt, destroy, disclose, leave subtract, lost or allows others to know the classified information or of interest to the military, which clearly harm or put you in a grave danger to the national defense, internal order or public security, entrusted to his custody, handling, or charge, shall be punished with imprisonment for a term not exceeding two years.

Chapter IV

Outrage on national symbols of military and police

      Article 81.- Outrage on national symbols of military and police.

      The military or police who, publicly or by any means of dissemination, offend, outrage, vilipendia or belittled, by deed or by verbal expression, national symbols of the military and/or police, shall be sentenced to imprisonment for a term not exceeding four years and sixty to one hundred and eighty days-fine.

     In the event of armed conflict, external, involving imprisonment shall be not more than five years and one hundred and twenty to one hundred and eighty days-fine.

      Article 82.- Outrage to the Armed Forces and National Police of Peru

      The military or police insult, vilipendia, or belittled publicly of work, word by writing or by any other means to the Armed Forces or National Police,shall be sentenced to imprisonment for a term not exceeding four years and sixty to one hundred and eighty days-fine.(*)

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

     In the event of armed conflict, external, involving imprisonment shall be not more than five years and one hundred and twenty to one hundred and eighty days-fine.

TITLE II

CRIMES AGAINST THE INTERNATIONAL HUMANITARIAN LAW

CHAPTER I

Crimes against persons protected by International Humanitarian Law committed by military personnel or police

      Article 83.- Special provisions

      The Preliminary Title and the General Part of the Code are applicable to the offences referred to in this Title, with the exception of the special provisions that are set out. In any case, and as appropriate, shall be of supplementary application of the provisions of the Rome Statute of the International Criminal Court and the Elements of Crimes complementary to that Statute, as well as other international instruments on the International Law of Human Rights and International Humanitarian Law that the peruvian State is a party.(*) GRINDING ERRATA

      Article 84 .- R responsibility of commanders and other superiors

     The military chief, or whoever acts in fact as such, shall be sentenced to the same penalty that applies to those who, being under their control, or effective authority and control, committed an offense described in this Title(*) GRINDING ERRATA, provided that:

     Has known that their subordinates were committing these crimes or they intended to commit; and

     Has not adopted all the necessary and reasonable measures within his power to prevent or repress their commission or to submit the crime to the attention of the competent authorities for the purposes of investigation and prosecution.

     The penalty shall be reduced below the minimum prescribed for the crime committed in those cases in which, by reason of the circumstances of the moment, that hath because to know and has not adopted the measures referred to in paragraph (b)

      Article 85 .- Superior orders

     In the crimes of genocide and crimes against humanity is not exempt from criminal responsibility him who works in compliance with an order issued by a government, authority or superior, whether military or civil.

     In the case of crime against the International Humanitarian Law, will attenuate the penalty that work in compliance with an order issued by a government, authority or superior, whether military or civilian, provided that:

     a) the person Is bound by law to obey orders issued by the government or the superior in question;

     (b) did Not know that the order was unlawful, and

     (c) The order was not manifestly unlawful.

      Article 86.- Limitations

     The criminal action and the penalty for the crimes described in this Title(*) GRINDING ERRATAdo not prescribe. Do not apply for amnesty, pardon, and the right of grace.

      Article 87.- Universal Jurisdiction

      With regard to the offences referred to in this Title(*) GRINDING ERRATAcriminal legislation peruvian applies even when the same shall have been committed abroad or do not have linkage with the national territory.

      Article 88.- Non Bis In Idem

      In the crimes contained in this Title(*) GRINDING ERRATAand with respect to the jurisdiction of the International Criminal Court, will apply the principle of Ne Bis In Idem.

     It will be irrelevant to this principle when the internal process:

     (a) Obeys the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the International Criminal Court.

     (b) has Not been taught independently or impartially in accordance with due process recognized by International Law, or what has been in any way that, in the circumstances, was inconsistent with an intent to bring the person to justice.

      Article 89 .- Responsibility of the State

     Nothing in this Title(*) GRINDING ERRATA with respect to the criminal liability of the natural persons shall affect the liability incurred by the State in accordance with International Law.

      Article 90.- Crimes against persons protected by IHL

      The military or police, in connection with an international armed conflict or non-international:(*) GRINDING ERRATA

     1. To kill a person protected by International Humanitarian Law shall be sentenced to the penalty of imprisonment of not less than twenty years nor more than thirty years.

     2. Take as a hostage by a person protected by International Humanitarian Law shall be sentenced to the penalty of imprisonment of not less than ten nor more than twenty years.

     3. Try so cruel or inhumane to a person protected by International Humanitarian Law causing pain or damage to physical or mental, in particular torturándola, shall be sentenced with a penalty involving deprivation of liberty of not less than six nor more than twelve years.(*) GRINDING ERRATA

     4. Violates or enslaves sexually, to force you to work as prostitutes, deprived of their ability to reproduce, the force to join in marriage or cohabitation with another person shall be sentenced to imprisonment for a term not less than six nor more than fifteen years.

     Similar criminal penalty shall be imposed on that keep it confined to a woman protected by International Humanitarian Law that has been pregnant without your consent in order to influence the ethnic composition of any population or to force you to abort by means of violence or serious threat.

     5. Enroll or recruit necessarily in the armed forces or armed groups and children under the age of 18 years or using them to participate actively in hostilities, shall be sentenced to imprisonment for a term of not less than 6 years and 12 years.

     6. Sport or relocate necessarily a person protected by International Humanitarian Law, that is legitimately in a territory, in order to move it to another State or territory by expulsion or other action coercive in violation of the general rules of International Humanitarian Law, shall be sentenced to imprisonment for a term of not less than 5 nor more than 10 years.

     7. To endanger the life or health of a person protected by International Humanitarian Law, by using any of the following behaviors:

     to. Conducting experiments without their prior consent or express, or which are not necessary from the medical point of view, nor carried out in his interest.

     b. Removing an organ or tissue, except for therapeutic purposes in accordance with generally recognized principles of medicine and the person has consented to previously and expressly.

     c. by Applying methods of treatment are not recognized medically without the presence of a medical need and even when the person has consented to freely and expressly.

     In these cases, the penalty to be applied will be penalty involving deprivation of liberty of not less than 6 nor more than 12 years.

     8. To impose or to execute a penalty against a person protected by International Humanitarian Law, and has not been judged by an impartial judicial process and without the guarantees of due process under International Law, shall be sentenced to imprisonment for a term of not less than 6 nor more than 12 years.

     9. Try a person protected by International Humanitarian Law so severely humiliating or degrading treatment or punishment, shall be sentenced to imprisonment for a term of not less than 3 nor more than 8 years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 91.- Aggravated form

      If using the facts described in the preceding article, paragraphs 2 to 7, the author causes the victim's death or serious injury, the penalty shall be increased by up to a half of the expected maximum for the offence concerned.

     In the course of the numeral 8 of the preceding article shall apply the same aggravating when the author imposes, or execute the death penalty.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 92.- Injury to the enemy out of combat

      The military or police, in connection with an international armed conflict or non-international, injured(*) GRINDING ERRATAa member of the enemy's armed forces or to a fighter of the adverse party, after the same has unconditionally surrendered or find any other way out of the fight, shall be sentenced to imprisonment for a term of not less than 6 nor more than 12 years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 93.- Confinement behind illegal

      Shall be sentenced to imprisonment for a term of not less than 5 nor more than 15 years, the military or police in connection with an international armed conflict:

     1. Keep confined illegally to a protected person or delay unreasonably for their repatriation.

     In the cases less severe, the custodial sentence shall be not less than 02 or more than 5 years.

     2. As a member of an occupying power to transfer a part of its own civilian population into the territory it occupies.

     3. Coerce by violence or under threat of a serious evil to a protected person to serve in the armed forces of a hostile power, or

     4. Require a member of the adverse party, by means of violence or under threat of a serious evil, to take part in military operations against their own country.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

      Article 94.- Persons protected by IHL

      Are persons protected by International Humanitarian Law:

     1. In an international armed conflict, protected persons by the Geneva conventions I, II, III and IV, of 12 August 1949, Additional Protocol I to the Geneva Conventions of 8 June 1977.

     2. In a non-international armed conflict, the people that deserve protection under article 3 common to the Geneva Conventions of 1949 and, in his case, the additional Protocol II to the Geneva Conventions of 8 June 1977.

     3. In international armed conflicts and non-international members of the armed forces and the people that participate directly in the hostilities of the adverse party and who have laid down their arms, or in any other way, you are helpless.(*) GRINDING ERRATA

Chapter II

Crimes of use of prohibited methods in the conduct of hostilities

      Article 95.-  Methods prohibited in hostilities

     Shall be sentenced to imprisonment for a term not less than eight nor more than fifteen years, the military or police in connection with an international armed conflict or non-international:

     1. Attack by any means to the civilian population, or to a person who does not take a direct part in hostilities,

     2. Attack by any means to civilian objects, provided that they are protected as such by the International Humanitarian Law, in particular buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected; cities, towns, villages or buildings which are not defended or demilitarized zones; as well as establishments or facilities susceptible to release any kind of hazardous energy.

     3. Attack by any means that provides insurance that will result in death or injury to civilians or damage to civilian property to an extent disproportionate to the concrete military advantage anticipated.

     4. Use them as shields to persons protected by International Humanitarian Law, to support the military actions against the enemy, or impede the action of the latter against certain targets.

     5. Cause or maintain the starvation of civilians as a method in the conduct of hostilities, depriving them of objects essential for its survival, or hindering the delivery of aid in violation of International Humanitarian Law.

     6. As higher-order or threaten with that no quarter will be given, or

     7. Matte or injury to betrayal of a member of the enemy's armed forces or a member of the adverse party who participates directly in hostilities.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 96.- Aggravated form

      If the perpetrator causes the death or serious injury of a civilian or a person protected by International Humanitarian Law by the fact described in items 1 to 6 of the preceding article, shall be sentenced to imprisonment for a term not less than ten nor more than twenty-five years. If the result is a minor injury, the perpetrator shall be sentenced to imprisonment for a term of not less than nine nor more than diceciocho (*)NOTE SPIJyears.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

Chapter III

Crimes against property and other rights

      Article 97.- Looting, destruction, misappropriation and confiscation of goods

      The military or police, in connection with an international armed conflict or non-international(*) GRINDING ERRATA,plunder, or, not justified by the needs of the armed conflict, destroy, take over, or to confiscate property of the adverse party, shall be sentenced to imprisonment for a term not less than five nor more than twelve years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 98.- Abolition of rights and actions

      The military or police, in connection with an international armed conflict or non-international(*) GRINDING ERRATA, provided that the rights and actions of the members of the opposing party are abolished, suspended or are not reclamables before a court, in violation of the norms of International Law, shall be sentenced to imprisonment for a term not less than five nor more than twelve years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

Chapter IV

Crimes against humanitarian operations and emblems

      Article 99.-  Crimes against humanitarian operations

     Shall be sentenced to imprisonment for a term not less than five nor more than fifteen years, the military or police in connection with an international armed conflict or non-international:

     1. Attack people, installations, material, units or vehicles involved in a mission of peacekeeping or humanitarian assistance in accordance with the Charter of the United Nations, provided that they have a right to the protection given to civilians or civilian objects under International Humanitarian Law, or

     2. Attack on people, buildings, material, medical units or transports that are marked with the protective signs of the Geneva Conventions in conformity with International Humanitarian Law.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 100.- Misuse of protective signs

      The military or police, in connection with an international armed conflict or non-international(*) GRINDING ERRATAmatte or injury severely to a person, using of improper signs protectors of the Geneva Conventions, the white flag, the flag, the military insignia, uniform or the flag of the enemy or of the United Nations, shall be sentenced to imprisonment for a term not less than ten nor more than twenty years.

     If the perpetrator causes the death of non-disclosure of the sentence of imprisonment shall be not less than twenty nor more than thirty years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

      Article 101.- Extensive damage and severe natural environment

      The military or police in connection with an international armed conflict or non-international attack with military means in a manner that provides for insurance that will cause extensive damage, long-term and severe to the natural environment that are disproportionate to the concrete and direct military advantage global expected sentenced to imprisonment for a term not less than six nor more than fifteen years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

Chapter V

Crimes of employment of prohibited means in the conduct of hostilities

      Article 102.- Prohibited means in hostilities

      Shall be sentenced to imprisonment for a term not less than eight nor more than fifteen years in the military or police in connection with an international armed conflict or non-international:

     1. Use poison or chemical weapons.

     2. Use biological or chemical weapons, or

     3. Use bullets that expand or flatten easily in the human body, in special bullets with a hard not cover fully the inner part of, or have incisions.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 103.- Aggravated form

      If the perpetrator causes the death or serious injury of a civil or of a person protected by International Humanitarian Law by the fact described in the preceding article, shall be sentenced to imprisonment for a term not less than ten nor more than twenty-five years. If the result is mild injury to the perpetrator shall be sentenced to imprisonment for a term of not less than nine nor more than eighteen years.

     If the perpetrator causes the death of non-disclosure of the sentence of imprisonment shall be not less than twenty nor more than thirty years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 104.- Systematic Plan

      If the offences referred to in this Title were committed as part of a systematic plan, or committed on a large scale, the sentence of imprisonment imposed may be increased by up to a quarter of the maximum penalty established for each offence.

Chapter VI

Available To Common

      Article 105.- Disqualification

      The disqualification shall be imposed as an additional punishment for the crimes regulated under this Title.

TITLE III

CRIMES AGAINST THE SECURITY SERVICE

Chapter I

Crimes committed by a sentry, guard or liable for the security

      Article 106.- Violation of setpoint

     The military or police functions of sentinel or lookout appointed to perform any service security, in violation of its obligations or the slogan received, it is drunk for the service, provided that it is causing serious damage to the service or safety of the subject of the surveillance, shall be punished by a penalty involving deprivation of liberty of not more than three years and sixty-to ninety-day fine.

      Article 107.- Abandonment of post

     The military or police functions of sentinel or lookout appointed to perform any service, security, and quits his job, without order or authorization upper or disclosed by order of the one who does not correspond always to cause serious damage to the service or safety of the subject of the surveillance, shall be punished by a penalty involving deprivation of liberty of not more than four years and ninety to one hundred and twenty days-fine.

      Article 108.- Omission of notice or repulsion

      The military or police, armed conflict, acts of sentinel or lookout appointed to perform any service, security, and omitting to give notice or provide the immediate alarm of the approach of the enemy, or of any anomaly or not to use their weapons, in case of an attack to repel the danger, shall be punished by a penalty involving deprivation of liberty of not more than ten years, and from ninety to one hundred and twenty days-fine.

     If the offence is committed in front of the enemy, or if, in consequence of the criminal act, suffer serious damage the place or object entrusted to the supervision of, the penalty involving deprivation of liberty shall be not less than ten years and one hundred and twenty days-fine.

      Article 109.- Abandonment of post

     The military or police who abandons the position to which he was appointed, fulfilling service to guard, patrol, escort, advanced, or integrating any other force designated to accomplish a mission, or being in charge of communications, provided that they cause serious harm to the service, shall be punished by a penalty involving deprivation of liberty of not more than four years.

     If the offense is committed against the enemy in war, whether external or when it puts himself in danger to a large group of people or goods, the penalty involving deprivation of liberty shall be not less than one nor more than ten years.

      Article 110.- Abandonment escort

      The military or police who leaves without good reason the escort service; and, as a result of neglect causing serious damage to the service, and retain a vehicle, ship or aircraft, shall be sentenced with a penalty of deprivation of liberty of not less than two nor more than ten years.

     That leaves without good reason the escort service; and, as a consequence of the abandonment pereciese all or part of the staff or crew, shall be sentenced with a penalty of deprivation of liberty of not less than ten years.

      Article 111.- Security of the facilities and property

     The member of the Armed Forces or National Police for breach of any order of his superior, or of the duties and obligations of, cause damage to facilities, goods, documents and/or military weapons or police, shall be sentenced to imprisonment for a term not less than six months nor more than four years.

Chapter II

Drop-out

      Article 112.- Drop-out

     The military or police to unjustifiably absent from his unit, target, or place of residence or do not show their heads or military authority, appropriate or exist, with the purpose of escape in final form of the function, it will be sanctioned with a penalty involving deprivation of liberty of not more than four years.

     You will also be punished as a crime of desertion:

     1. Unjustifiably absent from the place where the services are rendered or where you should stay, or submitted, for more than eight days.

     2. Not be submitted to your Unit, to be about to embark on the fly, sail the ship, or start route the aircraft to which it belongs.

      Article 113.- Defection in the Prisoner-of-war

     The prisoner of war, in time of armed conflict is external, regain your freedom and not submit to military authority or respective Unit, it will be sanctioned with a penalty of deprivation of liberty with a penalty of not more than five years.

      Article 114.- Waiver of penalty

      If the defector is voluntarily submitted within 30 days following the term to be present in your Unit, you will be exempt from the application of the penalty.

Chapter III

Disabling volunteer for active service

      Article 115.- Disability volunteered for the service

      The military or police who knowingly, it is disqualified or giving your consent to be incapacitated by mutilation, disease, or by any other means in order to be exempted permanently from service, or get a pass to another situation, military or police, will be sanctioned with a penalty of deprivation of liberty, not less(*) GRINDING ERRATAthan six months nor more than two years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

      Article 116.- Simulation

      The military or police who simulates an illness or physical defect with the order to be exempted permanently from service, or get a pass to another situation, military police, shall be sentenced with a penalty of deprivation of liberty, not less than six months nor more than two years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 117.- Collaboration

      The military or police force who works or facilitates the inability or simulation referred to in the preceding articles, shall be sentenced with a penalty of deprivation of liberty of not more than two years and sixty to one hundred and twenty days-fine.

      If the agent out personal health, in addition to apply the penalty of disqualification as provided in paragraph four of article 29 of this Code, for a period of two years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

Chapter IV

Capitulation Undue and Cowardice

      Article 118.- Capitulation undue

      The military or police in armed conflict, external, surrenders, or delivers to the enemy(*) GRINDING ERRATA, square, establishment, installation, military, or law enforcement, place, vessel, aircraft, platform, force their orders or other human or material resources of war or combat, without having exhausted the use of the means of defense that required by the precepts of military police, regulations or orders, shall be sentenced with a penalty of deprivation of liberty of not less than twenty years.

     The military or police who, in time of armed conflict is external, included in the capitulation, square, establishment, installation, military, or law enforcement, place, vessel, aircraft, force, or other human or material resources of war or combat, dependent on your controller, but not committed in the fact of arms that has determined the surrender, or gains an advantage for himself or for another, shall be sentenced with a penalty of deprivation of liberty of not less than twenty-five years.

      Article 119.- Cowardice

      The military, in the event of armed conflict, is found in areas or zones where they meet combat operations, and in the presence of the enemy:

     1. He steals, or try to avoid for fear of the military duty to confront it and to comply with the purposes assigned to it by the Political Constitution of Peru, shall be punished with imprisonment for a term of two to eight years.

     2. Cause for fear, the disorientation of your personal or prevent their meeting, causing alarm in order to cause confusion, disorientation and disorder, shall be punished with imprisonment for a term of five to fifteen years.

     3. Flee or to incite the brain, or in any way avoid responsibility, in such a manner affecting military personnel, shall be punished with imprisonment for a term not less than fifteen years.

      Shall be sentenced to the same punishment the police in armed conflict, commits the conduct referred to in the preceding paragraphs.

      Article 120.- Exemption

      Respect of the offence regulated in the previous article(*) GRINDING ERRATA it is a cause for waiver of the penalty on the return to action, having fled and behave courageously.

TITLE IV

CRIMES AGAINST THE INSTITUTIONAL INTEGRITY

Chapter I

Insult to the Upper

      Article 121.- Insult to the Upper - Aggression

     The militaro policíaque to hit a higher, acts of service,causing minor injuries,(*) it will be sanctioned with a penalty of deprivation of liberty, of six months to two years.

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

     1. If the offence is committed in armed conflictor if they cause serious injury to the upper,(*) the penalty involving deprivation of liberty shall be no less than two, nor more than ten years.

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

     2. If the offence is committed in front of the enemyor if he causes the death of the superior(*) the penalty involving deprivation of liberty shall be not less than ten nor more than twenty years.

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 122.- Act tending to attack or threaten

      The military or police that on the occasion of service, running events, or take up arms with demonstration manifested from assaulting or threatening a superior, shall be punished with imprisonment for a term not to exceed five years.

     If the offence is committed in front of the enemy or in a situation that is dangerous for the security of the facility, military or police, ship or aircraft, shall be punished with imprisonment for a term not less than one nor more than eight years.

      Article 123.- Coercion, defamation and insult

      The military or policecoerce, insults or defames, in word, in writing or by advertising a higher,(*) in an act of service, and that seriously impairs the discipline, it will be sanctioned with a penalty of deprivation of liberty of not more than three years.

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

Chapter II

Insubordination

      Article 124.- Insubordination

     The military or police who blatantly refuse to follow orders legitimate service issued by the Top with the legal formalities, or to prevent other meets, or that the higher the conduct or obliged to impart them, shall be sentenced to imprisonment for a term not less than six months nor more than five years.

     1.- If the offence is committed in front of the enemy in an armed conflict or using a weapon, the penalty shall be imprisonment of five to ten years.

     2.- If the offence is committed against military personnel or police, or restricting the freedom of transit of the superior, the punishment shall be deprivation of liberty of not less than one nor more than eight years.

     3.- If it is caused as a result of insubordination to the failure of a military operation or a law, the sentence of imprisonment shall be not less than three nor more than ten years.

      Article 125.- Threats

      The military or police force that threatens or ask for explanations to the top, on the occasion of orders legitimate with the purpose of not doing them, shall be sentenced with a penalty of deprivation of liberty of not less than six months nor more than two years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

Chapter III

Disobedience

      Article 126.- Disobedience

     The military or police, who refuses to comply with the provisions contained in the laws, regulations or any other document that rule the functions of the Armed Forces or National Police, provided that it is causing serious harm to the service, shall be punished by a penalty involving deprivation of liberty of not less than six months nor more than five years.

      Article 127.- Disobedience – a breach of itinerary

      The military, to alter the itinerary or route decided by the Superior, arriving in places is not sorted, delay or anticipate the departure or the arrival at a certain point unreasonably, always causing serious harm to the service, shall be punished by a penalty involving deprivation of liberty of not less than six months nor more than five years.

     You will be involved in the crime previously expected the police officer who commits to provide service in the areas of emergency and in joint operations.

      Article 128.- Excuse improper

      The military or police excusare to meet its obligations or is not in accordance with the post or service for which it was intended, by invoking evils assumptions, using influences beyond the control of the service, or for any other pretext, causing serious harm to the service, shall be punished by a penalty involving deprivation of liberty of not less than six months nor more than two years.

Chapter IV

Crimes against the security service

      Article 129.- Disobedience in the service of security

      The military or police are violating the(*) GRINDING ERRATA order of a sentry, guard or staff appointed to perform any service, security, military or police, always affecting seriously to the service or mission that you meet, will be sanctioned with a penalty of deprivation of liberty of not less than six months nor more than two years.

      Article 130.- Aggression in the service of security

     The military or police attack to a sentry, guard or staff appointed to perform security service, always affecting seriously to the service or mission that you meet, will be sanctioned with a penalty of deprivation of liberty of not less than six months nor more than four years.

     1.- If you cause serious bodily injury, shall be punished by a penalty involving deprivation of freedom, not(*) GRINDING ERRATA less than five nor more than ten years.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

     2.- If the offence is committed in front of the enemy in an armed conflict orcause of death(*) it will be sanctioned with a penalty of deprivation of liberty not (*) GRINDING ERRATA less than five nor more than fifteen years.

(*) End declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

TITLE V

CRIMES COMMITTED IN THE EXERCISE OF COMMAND OR AUTHORITY

Chapter I

Omission of duties of the controller

      Article 131.- Abandonment of command

      The Commander or Chief of a military unit or police who leaves, delegate or stop the command, naval, air, or non-delivery of the same, in an unjustified manner, or fails to take or fulfill a mission, it will be sanctioned with a penalty of deprivation of liberty of not less than two nor more than ten years.

      Article 132.- Misuse of weapons

     The military or police who, while in command of a Unit in charge of resetting the internal order or public, uses or makes use of weapons, without good cause, or without the express order, or without complying with the formalities prior to this, providing that they cause serious damage, it will be sanctioned with a penalty of deprivation of liberty of not less than six months nor more than ten years.

     The acting by the fault shall be punished by a penalty involving deprivation of liberty of not less than six months(*) GRINDING ERRATA nor more than four years.

      Article 133.- Start of operation is unnecessary

      In time of armed conflict, the military or the police that starts or launches an operation with military personnel or law enforcement of their orders, without higher-order, and without the need notoriously manifested, it will be sanctioned with a penalty of deprivation of liberty, not less than one nor more than five years.

     If the operation caused a collective danger common to an unspecified number of persons or property, military or police, the penalty involving deprivation of liberty shall be not less than five nor more than ten years.

     The acting by the fault shall be punished by a penalty involving deprivation of liberty of not less than two nor more than four years.

Chapter II

Offences against the Administration of Military Police

      Article 134.- Against the function and administration of military police

      The military or police to receive undue economic advantage, directly or indirectly, imposes payment, or accepts a promise of pay, for their own benefit or a third party to do or omit or delay an act of its own operational role of the service or to do an act contrary to it, in case of military operations or by the police, shall be punished with imprisonment for a term not less than six nor more than ten years, with the accessory of disqualification.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

TITLE VI

CRIMES OF VIOLATION OF THE DUTY MILITARY POLICE (*) GRINDING ERRATA

Chapter I

Crimes against the duty military police

      Article 135.- Reforms without authorization

      The member of the Armed Forces or of the Police, who does or directs to make reforms in the works or distribution inside of a vessel or aircraft or combat vehicles in the service of the Armed Forces or Police, without proper authorization, provided that as a result of the reform had been injured or severely limited their use or cause serious harm to the service, shall be sentenced to imprisonment for a term not less than three nor more than five years.

      Article 136.- Damage to operations by the fault

      The member of the Armed Forces or National Police force that causes harm to the operations of war or conflict, guilt, without having the status of a Boss or be commanding unit, military police, shall be sentenced with a penalty of deprivation of liberty of not less than one nor more than three years.

      Article 137.- Omission of fulfillment of duty in operational function

      The military or police that omitted the strict performance of its obligations and duties in the operational role, in relation to the staff to his direct command, provided that they cause serious harm to the service, shall be punished with imprisonment for a term not less than six months nor more six years.

      Article 138.- Command negligent or military police

      The military or police, exercising the command of a unit, unit, ship, or aircraft through the fault:

     1.- Then fail(*) GRINDING ERRATAa military operation or police.

     2.- Miss the plaza, force, position, aircraft or any other military unit or installation police, the command of which had or whose defence they had been entrusted.

     Shall be punished with imprisonment for a term of not less than two nor more than eight years.

Chapter II

Excesses in the exercise of the degree, control, or position in the Military Police

      Article 139.- Excesses in the faculty of command

      The military or police, who, in the exercise of the function, it exceeds the powers of control or position in the service or ordenare commit any arbitrary act on the serious detriment of the military personnel or the police or third parties, shall be punished with imprisonment for a term not less than six months nor more than five years.

     If, as a consequence of the facts that preceded it, it causes:

     1.- Serious injury, shall be punished with imprisonment of three to ten years, with the accessory of disqualification.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

     2.- Death(*) GRINDING ERRATAshall be punished with imprisonment for a term of five to twenty years, with the accessory of disqualification.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

     Crimes against humanity are excluded from the application of this article.

      Article 140.- Mode negligent in the exercise of a degree, hierarchy or control

      The military or police, who in an act of service, to cause death, injury, or damages to a military or police, for professional negligence, carelessness or lack of skill, shall be punished with imprisonment for a term not exceeding eight years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

      Article 141.- Excesses in the exercise of command in tort of the subordinate

     The military or police service act or military police:

     1.- Veje or outrage seriously the subordinate.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

     2.- Prevents the subordinate, present, continue or remove resource complaint or claim.(*)

(*) Subsection declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

     3.- Required by the subordinate the improper performance or failure to act, of their functions.

     Shall be punished with imprisonment for a term not exceeding four years.

TITLE VII

CRIMES THAT AFFECT THE GOODS FOR THE DEFENCE, NATIONAL SECURITY AND INTERNAL ORDER

      Article 142.- Involvement of the goods for the defence, national security and internal order

      The military or police, who, in the exercise of their functions:

     (a) Has wrongly, destroyed, deteriorated, abandoned, appropriate wrongfully or stolen, in whole or in part, weapons, ammunition, explosives, fuels, fuels, vehicles, ships, aircraft, and war material intended for military and police operations, shall be punished with imprisonment for a term not less than three nor more than fifteen years, with the accessory of disqualification. In the case of fuels or fuel, is only a crime when its value is greater than three remuneration minimum vital.

     (b) Disappoint heritage destined for the national defense, participating in a concerted manner, directly or indirectly, in the procurement, operation, provisioning, services, or grant of arms, ammunition, explosives, fuels, fuels, vehicles, ships, aircraft, and war material intended for military and police operations, using its status or function, shall be punished with imprisonment for a term not less than ten nor more than twenty years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 143.- Facilitating culpable

      The military that because it facilitates the theft, loss, diversion, or the appropriation of money or any other movable property, public or private, made available to the Armed Forces or National Police, shall be punished with imprisonment for a term not less than six months nor more than six years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007

      Article 144.- Damage or deterioration culpable

     The military that may cause damage, deterioration or damage of importance, in works, depots, arsenals, military buildings, ships, aircraft, weapons, munitions, or any other material of war, being in charge of his administration, handling or operation, by guilt, shall be punished with imprisonment for a term not exceeding six years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

TITLE VIII

CRIMES AGAINST FIDELITY TO THE FUNCTION OF MILITARY POLICE

      Article 145.- False information on matters of service

      The military or police in the exercise of his function, and in the act of service, to knowingly provide false information on the affairs of the service or otherwise communicate to orders in a different sense from that constare, causing the failure of the mission or serious disruption of the service, shall be punished with imprisonment for a term not less than six months nor more than six years, with the additional penalty of disqualification.

      Article 146.- Falsification or adulteration of documentation of military police

      The military or police in the exercise of its function, counterfeit or corrupt classified documents of interest to the military police, for the benefit of third parties, provided that the act goes greatly against the military service of the police, shall be punished with imprisonment for a term not exceeding ten years, with the additional penalty of disqualification.

      Article 147.- False certification

      The military or police who issued false certification on the basis of the function, or profession for the benefit of third parties, on the facts or circumstances that enable someone to obtain office, position or function, or any other benefit, provided that the fact prejudicial to the administration of military or police, or the service, shall be punished by a penalty involving deprivation of liberty of not less than two nor more than eight years, with the accessory of disqualification.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 148.- Improper use of insignia or badges

      The military or police their own benefit or that of third parties, misuse of badges or id badges for the exclusive use of the Armed Forces or National Police, shall be punished with imprisonment for a term not less than three nor more than six years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

      Article 149.- Destruction of document military police

      The military or police who destroys, removes or conceals, for the benefit of its own or of third parties, or to the prejudice of others, real document of which I could not have, provided that the fact prejudicial to the administration of military or police, or the service, shall be punished with imprisonment for a term not less than six months nor more than four years.(*)

(*) Article declared unconstitutional by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TCpublished on 08 January 2007.

BOOK THREE

PROCEDURAL PART

(*) In accordance with the Fourth Additional Provision Transient, Final and Derogatory of the Legislative Decree No. 1094published on 01 September 2010, lto Procedural Part contained in the Third Book of the same Code, with the exception of articles 312 to 316 as well as the Book Room on Criminal Enforcement, effective 1 January 2011.

TITLE I

PRINCIPLES AND WARRANTIES PROCEDURAL

(*) In accordance with the Second Final Provision of the Decree Legsialtivo No. 961 published on 11 January 2006in all what is not provided in the Book III Procedural Part of this Code, the Judges, Courts and Prosecutors, Military Police, shall apply the provisions of the Penal Code, approved by Legislative Decree No. 957. The Code of Criminal Procedure, shall be deemed effective only for the purposes statements provided for in Article XIV of the Preliminary Title, regardless of the period of vacatio legis of the abovementioned legal body.

      Article 150.- Pre-trial

      No person shall be convicted without a trial, based on previous law the fact of a process performed with respect to the rights and guarantees established in the Political Constitution of the State, in the International Treaties for the Protection of Human Rights and according to the standards of this Code.

      Article 151.- The beginning of the process

      During the whole process to observe the principles of contradiction, immediacy, simplification and speed. In the judgment will be respected in addition, oral, advertising and non-functional duplication.

      Article 152.- Impartiality and independence

      The judges will act with impartiality in decision making and in all stages of the process.

     To ensure that the independence of the judges from all external interference.

      Article 153.- Principle of the presumption of innocence

      1.- All military or police accused of the commission of a punishable act is considered innocent, and should be treated as such until proven otherwise and declared its responsibility, by final judgment, duly motivated. For these purposes, a sufficient activity of proof-of-charge, obtained and performed with due process guarantees.

     In case of doubt on the criminal responsibility shall be resolved in favor of the defendant.

     2.- Even before the final judgment, no officer or a public authority may submit to a military or police as the culprit, or provide information in this regard.

     However, you will be able to publish the data are indispensable when it is necessary to achieve their identification and/or capture.

      Article 154.- Right not to-incrimination

     No one can be compelled to testify against himself. The exercise of this right can not be valued as an admission of the facts, or evidence of guilt.

     It is prohibited the adoption of any measure tending to the accused to testify against himself or to impair his will. Any admission of facts or confession, must be free, and under his express consent.

      Article 155.- Interpreter

     The accused has a right to request an interpreter to assist you in your defense when you don't understand properly, or not be able to express themselves in the official language. If you do not make use of this right, the court should assign one de oficio, according to the rules laid down for the public defense.

      Article 156.- Protection of privacy and Privacy

      The procedures shall respect the right to privacy and the privacy of the accused, the victim and any other person, in particular freedom of conscience, home, correspondence, private papers, and communications of all kinds.

      Only with the authorisation of the competent judge and under the rules of this Code may be leveled homes and cleared the correspondence and telephone communications and electronic, or seized the private papers.

      Article 157.- Prohibition of Incommunicado detention and the Secret

      Prohibited the incommunicado detention of the accused and the secret of the proceedings. Only in the cases and for the purposes authorized by this Code to be able to provide for the reservation of the actions essential to not frustrate the investigation, always for a limited time.

     All hearings shall be public, except in the cases expressly provided for in this Code for advertising.

      Article 158.- Rights of the victim

      The victim has the right to the guardianship court's jurisdiction, to the full protection of his person and property from the consequences of the crime, to participate in the criminal process with autonomy, to the extent established by this Code, and to apply for State aid needed to be resolved his conflict and repaired its damage.

      Article 159.- Equality of treatment

      To ensure that the intervention of the parties with equal opportunities to exercise their powers and rights.

     The judges will preserve the principle of equality of arms, and must overcome all obstacles to its effective or weak.

      Article 160.- Separation of the function of investigating and judging

      Prosecutors will not be able to perform acts properly courts and the judges may not perform acts of investigation or involving the momentum of the criminal prosecution.

      Article 161.- Justice in a reasonable time

      Every person has the right to a final judicial decision in a reasonable time, in accordance with the deadlines set out in this Code.

     The delay in issuing decisions or undue delay, when repeated, will constitute serious misconduct.

      Article 162.- Judgment

      The judgment must be final, absolving or condemning the accused.

     The judges may not refrain from deciding on the pretext obscurity or ambiguity of the law, or to delay unduly any decision, nor to use the basics of decisions to make statements or claims that do not have a bearing on the decision.

      Article 163.- Motivation

      Judicial decisions, other than those of mere formality, shall set forth the grounds of fact and law on which they are based.

     The foundation will not be able to replace it with the simple relationship of documents, dogmatic statements, legal fictions, ritual expressions or appeals to the moral.

     When it comes to judgments of three-judge courts, each one of its members to create your individual vote, unless they adhere to the reasons exposed by another member. Adherence to the fundamentals of other non-allows you to skip the deliberation.

      Article 164.- Deliberation

      The judges, if that was the case, deliberated before making a decision. The deliberation will be immediate, continuous, comprehensive, and with the active involvement of each of its members.

      Article 165.- Legality and validity of the test

      The test items are only valid if they have been obtained by lawful means and incorporated into the trial mode, authorizing this Code.

     Does not have the validity of the evidence obtained through torture, threats, deception, or violation of the fundamental rights of the people, or obtained by virtue of information originating in a procedure or illicit means, regardless of which have been obtained by private individuals or by public officials.

      Article 166.- Exclusions

      The acts that violate the guarantees established by the Political Constitution of the State, and the International Covenants, lack of efficacy evidence.

     The inefficiency extends to all those tests that, according to the circumstances of the case, to be a necessary consequence of the act excluded; at least that we could have access to the information that they provide for a source that respects the fundamental rights and independent of the injury.

      Article 167.- Assessment of evidence

      The tests will be evaluated by judges, according to the rules of the free conviction, observing the rules of logic, scientific knowledge and experience. Will be his conviction of the joint assessment and harmonious of all the evidence produced.

      Article 168.- Temporal Application

      The procedural rules will not have a retroactive effect, except where they are more favourable to the accused.

      Article 169.- Solution to the Conflict

      The imposition of punishment is the last resort. The judges will seek the resolution of the conflict arisen as a result of the fact, in accordance with the principles contained in the law, seeking help to restore harmony between its protagonists and the social peace.

      Article 170.- Rules of Interpretation

      All the rules that coacten personal freedom, restrict the exercise of the rights of the parties or sanctions the proceedings are to be interpreted restrictively.

     The failure of a warranty will not assert, to the detriment of the one who protects.

     The judges shall seek to extend the principles and guarantees to the cases and situations not expressly provided for, according to a progressive interpretation.

      Article 171.- Measures of Coercion

      1. The fundamental rights recognized by the Constitution and Treaties relating to Human Rights ratified by Peru, may only be restricted, in the framework of the criminal proceedings, if the Constitution and the Law allows and with the guarantees provided for in them.

     2. The restriction of a fundamental right requires express legal authorization, and shall be imposed with respect to the principle of proportionality, and provided that, to the extent and rigor necessary, there are sufficient elements of conviction.

     3. The restriction of a fundamental right will only take place where necessary, indispensable, to the extent and for the time strictly necessary to prevent, according to the cases, the risks of flight, concealment of assets, or insolvency occurred, as well as to prevent the hindering of the investigation of the truth and avoid the danger of repetition of crime.

     4. The measures of coercion procedure will be instrumental character, exceptional, provisional and will vary depending on the stability or change of budgets made it possible for its initial adoption.

      Article 172.- Prison conditions

      The deprivation of freedom can only be fulfilled in establishments specially intended for the purpose, and which are suited to the conditions provided for in the State Constitution and International Treaties for the Protection of Human Rights, except when you set the home arrest.

     It is the responsibility of the State, provide the means necessary for the compliance of the provisions of this article.

TITLE II

ACTIONS THAT ARE BORN OF THE CRIME

Chapter I

Criminal Action

Section I

General Rules.

      Article 173.- Criminal Action Public

      The criminal action military police is public and it would be your workout to the prosecutor, without prejudice to the participation that is awarded to the victim or to the citizens. The prosecutor shall exercise the office.

      Promoted the action, its exercise may not be suspended, interrupted or cease, except in the cases expressly provided for in the law.

      Article 174.- Question

      The question will proceed when it is necessary to establish a procedure leave the existence of one of the constituent elements of the criminal act.

     The existence of a prejudicial question will suspend judgment until there is a final judgment in the process leave. However, the judges will appreciate if the question invoked is serious, well-founded and plausible, and in the case that appears opposite with the sole purpose of dilating the process, in order that this will continue.

     If it is necessary to promote a civil trial, it may be initiated and continued by the attorney to the public, prior authorization, without prejudice to the summons of the interested party live.

      Article 175.- Priority

      When the solution of a criminal justice process is dependent on the resolution of another and does not correspond to the accumulation of both, the exercise of the action is suspended from the first until the court reaches a decision firmly in the other.

      Article 176.- Effects of Question, and the Precedence of

      Resolved the suspension of the proceedings in the cases provided for in the preceding articles, shall be ordered to the freedom of the defendant, upon a fixed address and without prejudice to the imposition of other precautionary measures provided for in the Code.

      Article 177.- Preliminary Question

      1. The preliminary question comes when the Prosecutor decides to proceed with the Preparatory Research omitting a requirement of the procedure explicitly provided for in the Law. If the court declares it to be founded is void of what transpires.

     2. The Preparatory Research can be restarted after the requirement omitted to be satisfied.

Section II

Exceptions.

      Article 178.- Enumeration

     1. A party may assert the following exceptions:

     a) Nature of judgment, when it has been given to the process of a substance other than that provided for in the Law.

     (b) Inadmissibility of the action, when the fact is not a crime or is not justiciable criminally.

     (c) res judicata, when the punishable act has been the object of a firm resolution, domestic or foreign, against the same person.

     d) Amnesty.

     (e) Prescribing, when, by the expiration of the time periods stipulated by the Criminal Code has been extinguished in the criminal action, or the right to execution of the penalty.

      Article 179.- Pending

      Exceptions will be deducted orally at hearings and writing in other cases according to the procedure of the incidents. Must be properly grounded.

     The party that has offered test will take charge of the presentation at the hearing and the court will decide only with the present.

      Article 180.- Effects

      In the event that they declare founded the exception of the nature of judgment, the process should be tailored to the procedure recognized in the self-ruling. If it is determined that founded any of the exceptions provided for in the last four literals, the process will be closed definitely.

     Shall be deemed to be in abeyance the prescription until the question that need to be resolved in another procedure is completed.

Chapter II

Civil Action

      Article 181.- Civil Action

      The civil action for the restitution or compensation of the damages caused by the crime, may be exercised only by the injured party or his heirs, in the limits of the share of the inheritance, or by the legal representatives or representatives of them, against the author and the participants of the crime, and in his case, against the third party liable.

      Article 182.- Exercise

      The civil action may be brought in the criminal procedure, according to the rules established by this Code, or in their headquarters are natural, but cannot be simultaneously promote the same action in both jurisdictions.

     In the criminal procedure, the limited remedy may be exercised only during the pendency of the criminal prosecution. However, the acquittal does not prevent the room to rule on the civil action to have been validly exercised.

      Article 183.- Delegation

      The civil action for the reparation of the damage can be exercised by the organs of the Military Prosecutor's office, Police, when the person who has suffered the damage is a unable lacks legal representative, or when this ability may be expressly delegated by the victim that is not in socio-economic conditions for exercising it.

     The delegation will consist in a record that contains the personal data of the delegating and that it will be as special power of attorney, in the presence of the judge and two witnesses, the same to be signed by the respective record. Prosecutors claim the repair along with the indictment.

      Article 184.- State Interests

      When it comes to crimes that have affected the State, the civil action shall be exercised by the Attorney corresponding Public.

TITLE III

CRIMINAL JUSTICE

Chapter I

Jurisdiction and venue

      Article 185.- Jurisdiction

      The jurisdictional power of the State in matters of criminal justice, military police is exercised by:

     1. LaSala Supreme Military Criminal Police of the Supreme Court;

     2. The Superior Council of Military Criminal Police composed by:

     to. Superior Room Special Military Criminal Police

     b. Superior Room Review Criminal Military Police

     c. Upper Room Penal Military Police, formed in a body or a sole trader

     d. Delegationship Superior Instruction

     3. The Territorial Councils Criminal Military Police; and

     4. The Criminal Court Military Police.

      Article 186.- Improrrogabilidad of the military criminal jurisdiction of police

     The criminal jurisdiction of military police is non-extendable. Extends to military offences-police. Takes place according to the applicable criteria set forth in the Code of Military Justice and Police in the Treaties concluded by the State, duly approved and ratified under the Constitution.

      Article 187.- Limits of the jurisdiction of military criminal police

      The criminal jurisdiction of military police is exclusively competent to hear the offences established in accordance to the Code of Military Justice Police.

TITLE IV

THE COMPETITION

      Article 188.- Determination of the competition

     1. The competition is objective, functional, territorial and connection.

     2. For the competition to be accurate and identify the courts that they should be aware of the process.

      Article 189.- Effects of competition issues

      The issues of competition shall not suspend the procedure. However, if they occur before issuing the self-citation of judgment, they will suspend the hearing until the decision of the conflict.

      Article 190.- Contention competition for requirement

      1. When the Judge becomes aware that another of the same hierarchy also referred to the same case without that corresponds to him, ex officio or at the request of the parties, request the referral of the process. In addition to the copy of the resolution attached to the elements of judgment relevant.

     2. The Judge required to be resolved within two business days. If you agree, send it acted with knowledge of the parties. If you declare inadmissible a remission form the binder in question and the lift at the end of three days the Court reviewer to resolve in the last instance within the fifth day of receipt of the car.

      Article 191.- Contention competition for inhibition.

      1. When the Judge is inhibited, ex officio or at the request of the parties, shall send a copy of the relevant pieces to another Judge if I would have stopped; otherwise forward the process.

     2. If the second Judge also inhibits rise copies within one business day, or principal, to the Court reviewer resolved.

      Article 192.- Race competition

     The strife of competition that affects the jurisdiction of military police, will be resolved:

     1. By the supreme Council of Military Justice, police, when they arise within the jurisdiction of military police; and

     2. By the Supreme Court of Justice, when raised by the military jurisdiction of the police and the common jurisdiction.

      Article 193.- Query the Judge

      1. When the Judge becomes aware that his or her direct supervisor knows the same punishable act or one related consulted through trade if you must submit acted.

     2. When the superior has the knowledge that a Judge lower in degree is still a process that corresponds to it, whether by reason of the offence or related crimes, to prompt ex officio or at the request of the parties, the remission of acted out.

      Article 194.- Inhibition of the Judge

      1. When the Criminal Court that has received the indictment referred to another of the same hierarchy have another process for hearing on the same case, you can request it to refrain, to which we will send a copy of the relevant pieces. If the Criminal Court required to agree to issue resolution and send it acted with knowledge of the Court reviewer and the parties. If, on the contrary, it asserts its jurisdiction, it shall submit the notebook respective to the Court reviewer.

     2. The Court reviewer, ultimately, within the fifth day of receipt of the car, after a hearing with the intervention of the parties.

Chapter I

The Competition for Territory

      Article 195.- Territorial jurisdiction

      The jurisdiction of the territory is established in the following order:

     1. By the place where it was committed and the fact delinquent or performed the last act in case of attempt to commit, or ceased continuity or permanence of the crime.

     2. For the place where you were the effects of the crime.

     3. By the place where it was discovered material evidence of the crime.

     4. By the place where he was arrested the accused.

     5. By the place where he services the accused.

      Article 196.- Crimes committed in a means of transport

     1. If the crime is committed in a means of transport, without it being possible to determine with precision the territorial jurisdiction, it corresponds to meet the Judge of the place of arrival more next. In this case, the command of the means of transport will be the fact in the knowledge of the authority of military police to the place indicated.

     2. The military authority police will immediately inform the Prosecutor to proceed, in accordance with their terms of reference.

      Article 197.- Crime committed in the foreign

      If the crime is committed outside the national territory and should be tried in Peru, under the Code of Military Justice, Police, the competition's Judge is set in the following order:

     1. By the place where the accused had his last domicile or provision of services in the country;
     2. For the place of arrival of the foreigner;
     3. By the place where the accused person at the time to be promoted to the criminal action.

      Article 198.- And serious crimes of national significance

      Particularly serious criminal offences, or those that produce impact national or that its effects exceed the scope of the Territorial Councils, or committed by the military or police in an organized way, may be known by certain judges of the military criminal jurisdiction of police, under a specific system of territorial organization and functional, which is determined by the Room's Supreme Military Criminal Police of the Supreme Court.

      Article 199.- Validity of the procedural acts already made

      Lack of territorial competence not entail the invalidity of the procedural acts have already been made.

Chapter II

Competent Courts

      Article 200.- Organs

      Are courts military police, in the cases and in the manner that the laws determine:

     1. LaSala Supreme Military Criminal Police of the Supreme Court;

     2. The Superior Council of Military Criminal Police composed by:

     to. Superior Room Special Military Criminal Police

     b. Superior Room Review Criminal Military Police

     c. Upper Room Penal Military Police, formed in a body or a sole trader

     d. Delegationship Superior Instruction

     3. The Territorial Councils Criminal Military Police; and

     4. The Criminal Court Military Police.

     The organization, functions and jurisdiction of the criminal courts, military police, will be governed by the provisions of the Law of Organization, Functions and Jurisdiction Specializing in Criminal Matters Military Police

      Article 201.- Inhibition

     1. The Criminal Judges of Military Police will be inhibited by the following grounds:

     (a) When directly or indirectly have an interest in the process or any of their spouse, their relatives within the fourth degree of blood or second by marriage, or his relatives by adoption or live-in relationship with any of the other parties to the proceedings. In the case of the spouse and the relationship that this link is arising, shall continue to be accorded this causal even after the annulment, dissolution or cessation of the civil effects of the marriage. Likewise, we will try, as appropriate, when there was a final rupture of the bond experience.

     b) When you have a friendship notorious enmity manifested, or a link of cronyism with the accused, the victim, or against their representatives.

     c) When they are creditors or debtors of the accused, victim or third civil.

     d) When they have acted previously as a Judge or Prosecutor in the process, or as an expert witness, witness, or attorney of any of the parties or of the victim.

     e) When there is any other cause, founded on serious grounds, that affect their impartiality.

     2. Inhibition shall be recorded in writing, with the express indication of the causal invoked. It will be presented to the Superior Room Penal Military Police in the case of the Criminal court Judge, Military Police, with knowledge of the parties, and raising a certified copy of the acted out. The Room shall be decided immediately, prior to transfer to the parties by the joint time limit of three days.

      Article 202.- Requirements of the challenge

     1. If the Judge is not inhibited, can be challenged by the parties. The challenge shall be made in writing, under penalty of inadmissibility, provided that the objection is supported by any of the causes mentioned in the preceding article, is explained clearly in the grounds invoked and attach, if any, of the elements of conviction is relevant. It will also be unacceptable and will be rejected outright by the Judge of the cause, the challenge is lodged outside the statutory period.

     2. The challenge shall be filed within three days of the known causal which it is invoked. In no case will proceed after the third business day preceding the date fixed for the hearing, which will be resolved before the start of the hearing. However, if after the start of the hearing, the Judge warns you -by themselves or by intermediate parties - a fact constituting the grounds for inhibition must be declared ex officio.

     3. When it comes to the procedure recursal, the challenge shall be filed within the third business day of the admission of the cause to that instance.

     4. All of the grounds of objection must be asserted at the same time.

      Article 203.- Replacement of the inhibited or challenged

     1. Produced inhibition or disqualification, the inhibited or rejected, will be replaced in accordance with the Law, with knowledge of the parties.

     2. If the parties are not in conformity with the inhibition or acceptance of the challenge, may bring such an appeal to the Magistrate who it is, so that the immediate superior decide the incident within the third day.

     Against what resolved by that court does not proceed to any resource.

      Article 204.- Proceeding when the Judge does not agree to the challenge

     If the Judge recused himself refuses the challenge or do not agree with this, it will form incident and will forward copies of relevant within one business day to the Criminal court of competent jurisdiction. The Room will dictate the appropriate resolution according to the procedure provided for in the preceding article.

      Article 205.- Special procedures

     1. When it comes to members of the courts registered, you will follow the same procedure as prescribed in the preceding articles, but shall decide the same organ integrated by another magistrate. Against what has been decided not applicable to any resource.

     2. If the objection is against all the members of the Room, he shall know of the same, the court called for the Law.

      Article 206.- Inhibition or disqualification of secretaries and assistants jurisdictional

      The same rules shall govern with respect to the Secretaries and those who comply with a function of judicial assistance in the procedure. The judicial body before which they act, shall immediately be replacing it during that period by the so-called so by Law.

      Article 207.- Resolution and errands urgent

      While it was pending the decision on issues of competition, it is allowed to resolve on the liberty or deprivation of liberty of the accused, as well as acting proceedings of an urgent nature and unattainable subsequently, or that does not allow any extension. The Criminal division's Military Police will give priority to incidents of challenge in the point of view of the cause.

TITLE V

PARTIES TO THE PROCEEDINGS

CHAPTER I

THE ACCUSED

First Section

General Rules

      Article 208.- Rights of the Accused

      To all accused will ensure the guarantees necessary for his defence, should the police, the prosecutor and the judges inform you immediately and understandably the following rights:

     1.- To know the cause or reason for his arrest and the officer who gave the order, and delivered him up to the court order issued against you;

     2.- To remain silent, without incurring the presumption of guilt, and to designate the person, association or entity to which it must communicate his capture, and that the notice be done immediately. If the accused to engage in this law, shall be recorded in the production of the notice, and the results obtained;

     3.- To be assisted from the first act of the procedure by a defense attorney.

     4.- To be submitted to the prosecutor or the judge, to report and to listen on the facts imputed to it;

     5.- To make a statement within twenty-four hours of efectivizada the measure, if it has been stopped;

     6.- To declare as many times as you want, with the presence of his counsel, provided that the statement is relevant and does not appear as a means dilatorio the procedure, which we will let you know each time that expresses their desire to do so;

     7.- Not to be subjected to techniques or methods that induce or alter their free will or measures contrary to their dignity;

     8.- Not used means that impede the free movement of his person in the place and during the performance of a procedural act, without prejudice to the application of surveillance measures that, in special cases, and their careful discretion deem order the judge or the prosecutor; and

     9.- To access all the information available from the moment you have news about the existence of the process, according to the provisions of this Code.

     In all cases shall be evidence of compliance with the information duty of the rights set forth in this article.

      Article 209.- Identification

      From the first act to intervene, the accused will be identified only by his personal data and details.

     If you refrain from providing such data, or falsely be identified by a witness or by other means useful, even against their will.

     The doubt on the data obtained will not alter the course of the procedure and the errors on them may be corrected at any opportunity.

      Article 210.- Home

      In his first intervention, the accused must provide your actual address and set the address for service; and then keep them updated these data.

      Article 211.- Inimputabilidad processing

     1. When there is a founded reason to consider the state of inimputabilidad of the processing at the time of the facts, the Judge of the Preparatory Research or the Criminal Judge, referee or a one, depending on the state of the cause, shall, ex officio or at the request of a party, the practice of an examination by an expert specialist.

     2. Received the report of the expert, prior hearing, with the intervention of the parties and of the expert, if the Judge considers that there is insufficient evidence to estimate credited the state of inimputabilidad processing, will issue the corresponding resolution urging the opening of the insolvency procedure of the security according to the provisions of this Code.

      Article 212.- Mental disorder occurring

     1. If, after the commission of the crime befalls a mental disorder severe, the accused, the Judge of the Preparatory Research or the Criminal Judge, referee or one-man, acting ex officio or at the request of a party, the realization of an examination by an expert specialist. Evacuated to the opinion, it will be stated the date and time for the completion of the hearing, with citation of the parties and from experts.

     2. If the analysis of the action taken, the court notes that the defendant presents a mental disorder severe that it prevents you from continuing with the cause, shall provide for the suspension of the process until the treatment of the disease make it possible to restart it. If necessary, it shall order his confinement in a center specialized hospital.

     3. The suspension of the process will prevent the statement of the accused or the trial, according to the time of order, without prejudice to the continuation of the investigation of the fact or to continue the case in respect to the other coimputados.(*)NOTE SPIJ

      Article 213.- Disease of the accused

     1. If during the deprivation of liberty of the accused is sick, the Judge of the Preparatory Research or the Criminal Judge, referee or one-member, ex officio or at the request of a party, shall have immediate evaluation by the medical examiner or, in his default, the medical expert appointed by them.

     2. Evacuated to the opinion, may be ordered, if necessary, the income of the accused to a hospital. In exceptional cases, in which the required infrastructure and specialized medical care that does not exist in a hospital centre state may authorise detention in a private clinic.

      Article 214.- Quarterly report of the Director of the Centre Hospitalier

      The Director of the Hospital where the processing you receive medical care or psychiatric, shall report quarterly to the Prosecutor and the Judge about the state of health of the patient, without prejudice to sorted -if appropriate - expert review of craft.

      Article 215.- The absence of the accused and the Absence

     1. The Judge, at the request of the Prosecutor or of the other parties, upon a determination, shall declare stubborn to the imputed when: (a) of this appears evident that, however, having knowledge that is required, not voluntarily submitted to the proceedings; (b) the fugue of the establishment or place where he is detained or jailed; (c) not to obey, despite having knowledge of its broadcast, an order of detention or imprisonment; and, d) is absent, without the authorization of the Prosecutor or the Judge, the place of your residence or the one assigned to reside.

     2. The Judge, at the request of the Prosecutor or of the other parties, upon a finding shall be absent, the accused when he is ignorant of his whereabouts, and does not appear of cars with evidence that was knowing the process.

     3. The car, which declares the absence of the accused or the absence will order the driving force of the defendant, and will have you name public Defender or proposed by a member of his family. The lawyer will be involved in all proceedings and may make use of all the means of defense that the Law recognizes.

     4. The declaration of contumacy or absence does not suspend the criminal proceedings in respect of the stubborn or absent. This statement does not alter the course of the process with respect to the other defendants.

     5. If the declaration of absence or the absence of the accused occurs during the oral proceedings, the process must be filed provisionally in respect of the former. In any case, the stubborn absent or can be acquitted but not convicted.

     6. With the presentation of the stubborn or absent, and made the errands require your intervention ceases such a condition, must be left without effect the mandate of driving compulsive, as well as all the communications that have studied with such an object. This mandate does not affect the order of detention or remand in custody who is subject to processing.

Second Section

Defense

      Article 216.- Freedom of Declare

      The defendant shall have the right to declare as many times as you want, provided that your statement is relevant and does not appear as a means dilatorio of the procedure.

     During the preparatory phase, will testify before the public prosecutor in charge of it. During the intermediate phase and the trial at the opportunity and forms provided for by this Code.

     In all cases, the statement of the accused would only be of value if performed in the presence of his advocate.

      Article 217.- Registration

      Except that the statement of the accused is to develop in the preliminary hearing or at the hearing of the debate, it was make a record that reproduce, as accurately as possible, everything that happens in the respective act and the responses or statements of the defendant, in his own words; in this case, the act ends with the reading and signing of the act for all involved. If the accused person shall refuse to sign the act, shall be recorded.

     When the accused is deaf, or dumb, or do not understand the national language shall have the right to designate his own translator or interpreter, but if you do not designate will be equipped with one, when the case requires it, to transmit the content of the act or of the hearing.

      Article 218.- Development

      Before you begin the declaration, it shall inform the accused of their rights, and they will warn you that has the power to declare or not, without its negative can be used to your detriment.

     He will make the intimation of the punishable act that is attributed to him in a clear, accurate and detailed account, and we will inform you the content of the existing evidence and the legal qualification provisional applicable.Also they will be at your disposal all the performances together.

     Immediately the person may declare soon as it has appropriate about the fact that is attributed to him and to indicate the means of proof of disclaimer.

      Article 219.- Prohibited methods

      In no case will require the accused to an oath or promise to tell the truth, nor may you be subjected to any kind of force or coercion. Prohibits any action that affects the freedom of decision, will, memory, or understanding of the defendant.

     Do not allow leading questions, or leading, and the answers will not be demanded peremptorily.

     If for the duration of the act are notaren signs of fatigue or lack of serenity in the accused, the statement will be suspended until they disappear or be determined by a practitioner authorized.

      Article 220.- Powers Military Police

      The policíano may be questioned without the knowledge of the Prosecutor to the defendant. You can only request the data related to your identity, when it is not sufficiently individualized.

     If it expresses your desire to declare you will know immediately that the prosecutor or be allowed to file a brief in the presence of his advocate.

      Article 221.- Valuation

      The non-observance of the precepts relating to the declaration of the defendant, it will prevent the use against her, even when he has given his consent to infringe any rule.

      Article 222.- Right of election

      The defendant shall have the right to choose an attorney of your trust as a defender. If you do not, you will be assigned a public defender. If you prefer to defend himself, the judge will allow it only when the accused is a lawyer and does not impair the effectiveness of the technical assistance.

     The intervention of the defender does not impair the right of the accused to make requests and comments.

      Article 223.- Appointment

      The appointment of the ombudsman shall not be subject to any formality. In all cases, you will have the right to know the actions that have been carried out, before the acceptance of the position. Once designee shall inform the appropriate authority in the place and mode for receiving communications.

     During the course of the process, the accused may choose new defender, but the former will not be able to waive the defense until the designated communicate his / her acceptance.

     The exercise of the office of the ombudsman shall be obligatory for the one who will accept it, except excuse founded.

     For the exercise of their functions, the defenders will be admitted immediately and without any formalities, by the police, the prosecutor or the judge, as the case may be.

      Article 224.- Appointment in case of emergency

      When the accused is deprived of his liberty, any person of his confidence may propose, in writing, to the competent authority, the designation of an advocate, which shall be communicated to the accused immediately.

     In case of urgency, begin to act provisionally the ombudsman proposed.

      Article 225.- Waiver and relinquishment

      The defender may waive the exercise of the defence; in this case, we will fix a time within which the accused point to another. If you do not, it will be replaced by a public defender.

     The applicant will not be able to abandon the defense, while not involving a replacement.

     If the defender, without reasonable cause, abandons the defense or leave the accused without technical assistance, shall appoint one ex officio. The resolution will be communicated to the defendant, requesting him about his right to choose another defender.

     When the abandonment occurs shortly before or during the trial, you will be able to defer their start or suspend the hearing started, for a period not exceeding three days, if so requested, the new defender.

      Article 226.- Plurality of defenders

      The person may propose the defenders as it deems appropriate, but shall not be screened simultaneously by more than two in the oral hearings or at the same time.

     When involving two or more defenders communication practiced at one of them shall be valid in respect of all and the replacement of one by the other will not alter paperwork or deadlines.

     It will be inadmissible to the defense of several defendants in the same procedure by an advocate common, if there is a manifest incompatibility.

     The advocate holder may designate an advocate ancillary to those proceedings, to not be able to attend personally.

     The defender helper will only take responsibility for those acts in which it participates, but does not relieve the responsibility of the principal.

CHAPTER II

THE VICTIM

First Section

Fundamental Rights

      Article 227.- Quality of victim

      1. This Code is considered to be a victim to anyone who is directly harmed by the crime or harmed by the consequences of the same. In the case of incapable persons, legal persons or of the State, its representation corresponds to whom the Law may designate.

     2. The crimes which resulted in the death of the aggrieved person will have such condition set forth in the Civil Code.

      Article 228.- Rights of the Victim

      The victim shall have the following rights:

     1.- To be treated with dignity and respect and that they make minimal inconvenience of the procedure;

     2.- To respect your privacy to the extent that it does not obstruct the investigation;

     3.- Require measures of protection for your safety, the safety of their family and of the witnesses who testify on his interest, through the competent bodies;

     4.- To intervene in the criminal proceedings and the trial, as established by this Code;

     5.- To be informed of the results of the procedure, even when it has not intervened in him;

     6.- To examine documents and proceedings, to be verbally informed about the state of the process and the situation of the accused;

     7.- To provide information during the investigation;

     8.- To reject for the reasons, forms and procedures provided in this Code;

     9.- To be heard before any decision that involves the extinction or suspension of the criminal action, unless requested specifically;

     10.- To require the review of the dismissal or file provided by the prosecutor, even when it has not intervened in the proceedings as an actor civil;

     11.- To contest the case and the judgment in the cases authorized, even if it is not actor, civil, and always you have requested to exercise this right;

     12.- To be notified of the resolutions to be challenged, or to require revision.

     The victim will be informed about their rights when making the complaint or in his first intervention in the procedure.

      Article 229.- Technical Advice

      For the exercise of their rights, the victim may designate an attorney of your trust. If you do not do it you will be informed that you have the right to be assisted technically.

Second Section

Civil Action

      Article 230.- Civil action

      To exercise the limited remedy pop-up of the crime, its holder shall be constituted as an actor, civil and exercise it against the accused together with the criminal action.

     The person who exercises this action, you will also be able to sue the person who, according to the civil laws have to answer for the harm that the defendant caused the criminal act, and in his case, to require the citation in insurance guarantee.

      Article 231.- Form and content of the civil action

      The civil action shall be filed in writing, personally or by an agent with power of attorney, and shall state:

     1.- Data of identity, address and signature of the complainant and, in his case, also of the representative;

     2.- Identity data and the domicile of the defendant or, if ignored, any description that serves to identify it;

     3.- A clear, precise, and detailed the fact, with indication of the place and the time in which it was executed, where possible;

     4.- The grounds of the civil action and the damage for which compensation is intended, specifying the amount; and

     5.- The tests that offer, indicating if the data that will allow us to carry forward his performance. If this is of witnesses or experts, in addition to the personal data and address, you must state the facts on which shall be examined or required.

     The presentation must be accompanied by a copy of the notice to each defendant.

     If you are ignoring some of the requirements laid down in this article, you should intimarse who made the presentation to that in the period of three days to correct the error or omission, under penalty of inadmissibility.

      Article 232.- Opportunity

      The civil action shall be made before the prosecution in the preparatory process. This will reject the application of the constitution when the person concerned does not have legitimacy. In such a case, the complainant may appeal, within the third day, before the government Prosecutor to review the decision.

      Article 233.- Withdrawal

      The complainant will be able to opt-out of their intervention at any time. This withdrawal will be declared by the judge to order the part with signature legalized by the Secretary.

      Article 234.- Impairment of going to the track extra – criminal

     The constitution actor civil prevents this demand compensation in the way of extra – criminal. The actor civil withdraws as such prior to the indictment of prosecutor is not prevented from exercising the action for compensation in the other pathway.

      Article 235.- Actor Civil Crimes-of-Function Military Police

      The victim or his legal representative, may result in criminal prosecution or to intervene in the already initiated by the prosecutor.

     The State may be formed in actor civilian, through the Attorney general Public concerned.

     The participation of the complainant will not alter the powers granted by law to the prosecutor, nor relieve you of your responsibilities.

CHAPTER III

THE PROSECUTOR'S OFFICE OF MILITARY POLICE

      Article 236.- Functions

      The Military Prosecutor's office Police will lead the investigation of crimes, and will promote public criminal proceedings against the perpetrators and participants.

     You will have the burden of proof and must prove at trial, and the public the facts that support your accusation.

     Make your requests, opinions and resolutions in the form motivated.

     All the public offices of state are obliged to provide the collaboration prompt, effective and complete to the requirements made by the Prosecutor in the performance of their duties, under pain of incurring the responsibilities provided for in the law.

      Article 237.- Objectivity

      The prosecutor suit their actions to an objective criterion, ensuring the proper application of the criminal law and for the effective enforcement of the guarantees. Formulate its requirements under this criterion.

      Article 238.- Powers and duties

      The prosecutor will only have the powers and duties as this code will grant you and those established by the Law on Organization and Duties of the Justice Military Police, or special laws.

     In no case shall assume judicial functions.

      Article 239.- Inhibition

      The prosecutor will inhibit when presenting the cases provided for by article 19 of the Organic Law of the Public Ministry.

     The inhibition will be determined by the Prosecutor, Superior. When the inhibition relates to the Fiscal Supreme Military Police, shall be heard by the Prosecutor of the Nation.

      Article 240.- Armed forces and National Police

      The Armed Forces and National Police, at the request and under the direction of the Military Prosecutor, the Police will be involved in the investigation of the crime of function, according to what is established in the law of the matter.

      Article 241.- Support of the Police and the Armed Forces

      The police and the Armed Forces, through its specialized agencies, provide support to the organs of the Justice Military Police in the same manner and conditions that make the ordinary justice system.

      Article 242.- Coordination

      The public Prosecutor will issue general instructions necessary to coordinate the work of the Police and the Armed Forces, through its specialized bodies, in order to achieve greater effectiveness in the investigation of crimes.

      Article 243.- The Organs of Military Control and law enforcement

      The same rules apply to any public authority to perform acts of investigation or has the duty to cooperate in the criminal investigation. The Provinces and Offices of Internal Control, at the request of the Prosecutor, shall submit all acted.

      Article 244.- The responsibility of the officer's negligent

     The officials, the military and the police as required by the office of the Prosecutor of Military Criminal Police, in violation of legal or regulatory provisions, to ignore or delay the execution of an act of their functions or to comply negligently, shall be subject to the responsibilities of administrative or criminal applicable.

CHAPTER IV

RULES COMMON TO THE PARTIES

      Article 245.- Good faith procedure

      The parties shall act in good faith, avoiding actions dilatory and any abuse of the powers that this Code grants. After a judge has started to learn in a process of the parties or their representatives may substitute your attorney for another motive for the excusación or recusal of the magistrate.

      Article 246.- Power of discipline and discretion

     1. The disciplinary power allows the court to maintain order and respect in the Courtroom, as well as provide for the removal of him who disturbs the development of the trial, and send stop up to twenty-four hours to those who threaten or attack to the Judges or to any of the parties, their attorneys, and others involved in the cause of, or impairs the continuity of the judgement, without prejudice to the criminal action to which it is entitled. In the case that a defendant, witness or expert will remove or out of the hearing without the permission of the Judge or the presiding Judge, shall be brought to the same by the forces of order.

     2. The defender of the parties may be expelled from the Courtroom prior warning. In this case it will be replaced by designating the part within twenty-four hours, or, in his default, by the ex officio.

     3. When the expulsion falls upon the defendant shall render the proper decision that guarantees their right of defence, in view of the circumstances of the case. As soon as you authorize the presence of the accused, be taught about the essential content of what was acted in his absence and you will be given the opportunity to comment on these actions.

     4. When you grant the defendant the right to expose what he deems suitable to your defense, it will limit your exposure to the time that it has been fixed. If you do not comply with the foregoing limitations you may call and request. In case of non-compliance may be terminated your exposure and, in severe case, have you vacate the Courtroom. In this last case, or when the defendant is displayed reluctant to be present at the hearing, the judgment may be read not to be present for the defendant, but with the concurrence mandatory defense attorney or appointed by the court, without prejudice to be reported subsequently.

     5. The discretionary power allows the Judge to resolve issues not regulated that arise in the judgment, the resolution of which is necessary for its effective and proper then.

TITLE VI

PROCEDURAL ACTS

Chapter I

Language and form of the Procedural Acts

      Article 247.- Language

     1. The procedural actions are conducted in Spanish.

     2. When a person does not understand the language or not expressed with ease, you will provide the support you need for the act to be developed regularly.

     3. You must proveérseles translator or interpreter, as appropriate, to persons who are ignorant of the Spanish, who are allowed to make use of their own language, as well as the deaf community and those who have some impairment, to give it to understand.

     4. The documents and recordings in a language other than Spanish must be translated when necessary.

      Article 248.- Day and hour compliance

      The procedural acts are to be fulfilled in days and hours, without prejudice to the ratings that point to the judge.

     Acts of investigation, except as otherwise expressly provided, may be enforced in any day and time.

      Article 249.- Place

      The procedural actions of the prosecutors and judges of military police will be in his Office as the case may be, and may be established at any place for the implementation of the acts themselves of their function.

      Article 250.- Documentation

      The events may be documented in writing, images or sounds, indistinct or simultaneously.

      Article 251.- Minutes

     1. The procedural action, fiscal or judicial, is documented on the record, to be used if possible, the technical means that may apply.

     2. The certificate must be dated with the indication of the place, year, month, day, and time that has been written, the people that have been involved and a brief explanation or integral -according to the case - of the acts performed. It must be stated in the act, compliance with the special provisions laid down for performances that require it.

     3. It will be possible to playback audio-visual of the procedural action, without prejudice to be made to the transcript corresponding to an act. The Prosecutor's office of Military Criminal Police and the Superior Council of Military Criminal Police, each in their own field, will dictate the provisions that allow for its use.

     4. The minutes shall be signed by the officer or authority who directs and others involved prior reading. If one cannot or does not want to sign, he would reflect that fact. If someone does not know how to sign, you may do so, in its place, another person, and to his supplication, or a witness to the action, without prejudice to print your digital footprint.

      Article 252.- Invalidity of the act

     1. The act will have no lack of effectiveness only if there is no certainty about the people who were involved in the procedural action, or if you need the signature of the official who has been drafted.

     2. The omission in the act of any formality only to deprive you of its effects, or become invaluable to your content, when they cannot be resolved with certainty on the basis of other elements of the same action or actions related to, or can't be played with, after and always to give rise to a tort specific and irremediable to the defence of the accused or of the other parties to the proceedings.

      Article 253.- Booking of the original

      When using logs, images, sounds, or audiovisual means or other, must be booked in the original conditions to ensure its sanctity to the debate, without prejudice to the obtaining of copies that may be used for other purposes in the process.

     The essential formalities of the acts must arise from the same log, and, in the case of not being possible, of a complementary act.

Chapter II

Acts and Judicial Decisions

      Article 254.- Court Decisions

      Court decisions shall contain:

     1.- The date, place and process identification;

     2.- The object to decide and the requests of the parties;

     3.- The decision and its rationale; and

     4.- The signature of the judge.

      Article 255.- Explanatory

      Within three days of reported decisions, the board may amend, ex officio or at the request of a party, any error in or omission of material contained in those or to clarify or explain the basics, provided that this does not amount to an essential modification. The instance of clarification shall suspend the term for filing the appeals.

      Article 256.- Replacement

      Against the resolutions that do not support challenge to another court, can only be inferred replacement within a period of three days, to the effect that the same judge or the same room as the issued re-examine the issue and decide what's appropriate.

     The opposition will be deducted in the manner and within the period prescribed for the incident.

      Article 257.- True Copy

      The judge shall provide for the preservation of authentic copy of decisions, records of hearings, and other documents that set the rules.

Chapter III

Deadlines

      Article 258.- General Principles

      There is No day nor hour that is not valid for acting in military trials. The terms of the days start to run from 00 hours the following day to which the notice or feel the diligence. In the days or on Sundays or holidays, or in which is suspended the law Office under this Act, shall not be borne by the term.

     In terms of time, we have these whole and begin to run from the beginning of the next hour specified in the respective notice or care.

      The decision must be notified to the parties with a minimum of three business days prior to his performance.

      Article 259.- Court deadlines

      When the law permits the fixing of a term of court, the judge shall be fixed according to the nature of the procedure and the importance of the activity that must be met, taking into account the rights of the parties.

      Article 260.- Timelines for resolving

      Judicial decisions and judgements that happen to an oral hearing will be deliberate, voted and delivered within a maximum period of three days after the conclusion of the hearing, without any interruption, except when the referee has in special cases a different period by the nature or complexity of the process.

     Incidents that do not require a hearing will be resolved within three days, always that the law does not provide for another term.

      Article 261.- Replacement of the term

      The parties may ask for the replacement total or partial term, when by default the service or for reasons of force majeure or fortuitous event, have not been able to observe it.

Chapter IV

Control of the duration of the Procedure

      Article 262.- Maximum duration

      The whole procedure will take a maximum and pressing of three years, counted from the opening of the investigation, except that the term of limitation is less, without prejudice to the time needed to solve the extraordinary resource.

     The absence of the accused or the absence or suspension for any reason provided for in this code will break the periods of duration of the process.

      Article 263.- Compensation

      When you declare the delinquency court, the victim shall be compensated by the State, according to the laws of matter, without prejudice to the liability of the officer, if applicable.

      Article 264.- Complaint for Delay of Justice

      If the judge does not dictate the corresponding resolution in the time limits that points to this Code, the interested party may request immediate attention and if, within forty-eight hours is not what you get, may lodge a complaint for delay of justice before the senate Military Police, who will require the judge, a brief report on the reasons for their delay.

     The Room resolved directly requested or located to the judge to do so within twenty-four (24) hours. If the judge insists on not decide, it will be replaced immediately, without prejudice to their personal responsibility.

      Article 265.- Delay in the Precautionary Measures

      When you have been raised with the review of an interim measure involving deprivation of liberty, and the judge is not resolved within the time limits established in this Code, the person may request the immediate attention of your request and, if within seventy-two (72) hours do not get resolution, it will be released by the rule of law.

     To make it effective will be asked to give the Room a Military Police that the order immediately, who should note the delay in the docket of the Judge.

     A new precautionary measure involving deprivation of liberty may only be enacted by the Territorial Council of Military Criminal Police to which belongs the Judge at the request of the prosecutor or complainant.

Chapter V

Rules of Judicial Cooperation.

      Article 266.- Cooperation of authorities

      When necessary, the judges and public prosecutors, the military police may require the cooperation of a direct way to other judicial or administrative authority in military or police force, for the execution of an act or proceeding, setting the term of your compliance.

     They may also request information directly when it is linked to the process.

     The requested authorities shall without delay the proceedings, under penalty of being punished according to the law.

      Article 267.- Cooperation with other authorities

      Prosecutors and judges, military or police may request the cooperation of judicial and administrative authorities of other jurisdictions.

     In addition to the judicial authorities, the military police will have the obligation to cooperate with the judicial authorities of other jurisdictions.

     When the characteristics of the requested cooperation require the presence of officials of the requesting authority, may authorize or request the participation in the proceedings.

     When the cooperation requested requires you to extraordinary expenses, the requested authority shall ask the applicant to the advance or the payment of the expenses.

      Article 268.- Denial or suspension of cooperation

      The requested cooperation from another jurisdiction may be denied when the request violates guarantees and constitutional rights. You can also suspended the enforcement of cooperation in the case of its immediate execution would prejudice the course of an investigation or a trial that will develop in the province, or when it does not anticipate the extraordinary expenses.

     The denial or suspension of cooperation that is required will be motivated and will have to be communicated to whom the required.

      Article 269.- Joint investigations

      When it is necessary to investigate complex facts carried out in more than one jurisdiction, the prosecutor or judge will be able to coordinate the investigation with the authorities of other jurisdictions.

     This effect may form a research team or be able to perform activity traveling.

Chapter VI

Communications

      Article 270.- General Rule

      The resolutions and the call to actions that require the intervention of the parties or third parties, the ordering of cooperation or reports, shall be communicated in accordance with the code of practice issued by the Higher Council of Military Criminal Police.

     These should ensure that the communications are made as soon as possible but not too formal, and adjusted to the following principles:

     1.- That communicate with clarity, accuracy, and complete the content of the resolution or of the required activity, and the conditions or deadlines for compliance;

     2.- That contain the elements necessary to ensure the defense and to exercise the rights and powers of the parties;

     3.- Warn enough to the accused or the victim when the exercise of a right is subject to a term or condition.

     However, the rules laid down by the Superior Council of Military Criminal Police, the parties may expressly agreed in each case a mode of effective communication in accordance with the technical possibilities to which they have access to the parties and the judge or the living room.

     The decisions that are made during the hearings are considered to be notified in the same act.

TITLE VII

INVALIDITY OF THE PROCEDURAL ACTS

      Article 271.- General Principles

      Not be able to be assessed to establish a judicial decision, or used as a presupposition of it, the actions carried out with observance of the rights and guarantees provided for in the State Constitution, the International Treaties for the protection of Human Rights and in this Code.

     Nor can it be valued the actions carried out with non-observance of the forms, hampering the exercise of the right to judicial protection of the victim or prevent the exercise of the duties of the prosecutor.

      Article 272.- Sanitation

      All defects shall be immediately sanitized, renewing the act, rectifying the error, or fulfilling the omitted act shall, ex officio or at the request of the interested party.

     When the disability is based on breach of a warranty set out in favor of the defendant, the procedure will not be able to roll back to previous stage.

     It is understood that the act has been reorganized when, however, the irregularity, has achieved his purpose with respect to all stakeholders.

      Article 273.- Taxatividad

     Non-observance of the provisions set forth for the proceedings is a ground for annulment only in the cases provided by Law.

      Article 274.- Absolute nullity

     It will not be necessary the application of invalidity of any subject of the proceedings, and may be declared even ex officio, defects concerning:

     (a) To the intervention, assistance and representation of the defendant, or the absence of his counsel in the cases in which it is compulsory for their presence;

     (b) The appointment, capacity and constitution of Judges or Rooms;

     (c) the promotion of criminal action, and the involvement of the Public Ministry in the procedural actions which require your intervention required;

     (d) the non-observance of the core content of the rights and guarantees provided for by the Constitution.

      Article 275.- Relative invalidity

     1. Except in cases of absolute defects, the subject of procedural affected shall urge the annulment by the defect, when you meet him.

     2. The application of nullity must describe the defect and propose the corresponding solution.

     3. The application must be filed within the fifth day of a known defect.

     4. The annulment may not be alleged by those who have caused, have concurred to cause or has no interest in the fulfillment of the available hacked. Nor can it be alleged after the deliberation of the judgment of first instance or, if it is verified at the trial, after the deliberation of the judgment of the instance in succession.

      Article 276.- Validation

     1. Except in cases of absolute defects, the vices will be validated in the following cases:

     a) When the Public prosecutor or the other parties to the proceedings have not requested in a timely manner sanitation;

     (b) When those who have the right to object have agreed, expressly or tacitly, the effects of the act;

     (c) If, however, their irregularity, the act has achieved its purpose with respect to the interested parties, or if the defect has not affected the rights and powers of the key players.

     2. Sanitation shall not apply when the act spot do not alter, in any way, the development of the process and is not harmful to the intervention of stakeholders.

      Article 277.- Sanitation

     1. The defects shall be tilled, whenever possible, renewing the act, rectifying the error or to comply with the omitted act shall, ex officio or at the request of the interested party.

     2. Under the pretext of renewal of the act, rectify the error or compliance with the omitted act, you cannot roll back the process to periods already precluidos, except in cases expressly provided for by this Code.

      Article 278.- Effects of annulment

     1. The nullity of an act overrides all effects or acts of consecutive depend on it. The Judge shall specify the acts dependents that are cancelled.

     2. The defects will be corrected, whenever possible, renewing the act, by rectifying their mistake, or fulfilling the omitted act.

     3. The declaration of invalidity leads to the regression of the process to the state, and instance in which it has complied with the act null and void. However, you can't retract the process stages already precluidas except in cases where applicable in accordance with the standards of the appeal or of cassation.

     4. The declaration of nullity of actions carried out during the Preparatory Research, no matter the reopening of this. Also, annulments, declared during the development of the oral proceedings, not retrotraerán the procedure to the research stage or middle stage.

TITLE VIII

MEANS TEST

CHAPTER I

GENERAL RULES

      Article 279.- Probation

      Be able to prove the facts and circumstances of interest to the correct solution of the case, by any means of proof, unless an express prohibition of the law.

     In addition to the means of proof set forth in this Code may be used in other, provided that they do not violate constitutional guarantees and will not hinder the control of the test for the other persons involved.

      Article 280.- Admissibility of Evidence

      To be admissible, the evidence must relate, directly or indirectly, to the subject of the investigation and should be useful for uncovering the truth.

     The Military Judge, Police may limit the evidence offered when they are manifestly irrelevant or overabundant, with or without the test when it is offered to prove a notorious fact.

      Article 281.- Regardless of Test

      The parties may agree that a particular circumstance does not need to be proven. In this case the judges will appreciate it as a notorious fact.

     The agreement shall be recorded in a report signed by the Military Prosecutor, the Police, the other parties in the process, and their advocates. With these formalities may be incorporated into the debate by reading.

CHAPTER II

CHECKS DIRECT

      Article 282.- Object

     1. The proceedings of the judicial inspection and reconstruction are sorted by the Judge, or the Prosecutor during the preparatory research.

     2. The inspection is to check the fingerprints and other material effects that the crime has left in places and things, or people.

     3. The reconstruction of the fact it has the purpose to verify if the crime occurred, or could occur, in accordance with the statements and other evidence which are actuated. Do not force the accused to intervene in the act, which must be carried out with the greatest reserve as possible.

      Article 283.- Fitness

     The inspection, as to the time, manner and form, are adapted to the nature of the event investigated and the circumstances in which it happened.

     The inspection will be thorough, understanding the scene of the crime and everything that might constitute material evidence of crime.

      Article 284.- Participation of witnesses and experts

     1. Both proceedings must be made, preferably, with the participation of witnesses and experts.

     2. Also, you will have to raise their drawings or sketches of the place and take pictures, recordings, or films of persons or things that are of interest to the cause.

      Article 285.- Registration of persons

      Not be able to make the personal record, except that there are sufficient grounds and founded to presume that someone hidden among their clothes, or that leads attached to his body objects useful to the investigation.

     Before proceeding with the registration shall warn the person about the suspect and the object sought, inviting him to show it off.

     The warning, and the inspection shall be conducted by the Military Prosecutor, Police in the presence of a witness, who may not belong to the police or to any of the organs involved, except in cases of utmost urgency, or the inability to achieve this, it must be accredited.

     The records will be practiced separately, while respecting the modesty and dignity of the people. Shall be the record to a person of the same sex involved, except that this amount of delay, in prejudice of the research.

     The diligence it shall issue a certificate that can be incorporated into the judgment under the conditions provided for in the preceding article.

      Article 286.- Vehicle registration

      You will be able to register a vehicle only when there are sufficient grounds and founded to presume that a person hidden in him useful objects to the pre-existing research. The same requirements proceed to the registration of cupboards, desks, cabinets, or other furniture closed.

     This procedure will be performed and fulfilled under the formalities laid down for the registration of persons.

      Article 287.- Search and Registration of Purple

      When the registration is to be made in an inhabited place, in its dependencies immediate, business house or office, the search shall be authorized by the Military Judge of the Police force.

      Article 288.- Special Places

      The restrictions established for the search of homes or rooms shall not apply to the offices or public buildings, places of business meeting or leisure open to the public and which are not intended to family room.

     In these cases you may be able to dispense with the search warrant with the express consent and free of people who are in charge are the local. In case of refusal or inability material to achieve the consent shall be required of the search warrant and you will be able to make use of public force for compliance.

     When it comes to rural establishments are only required judicial authorization for the purple.

     In the case of military installations police classification secret and strictly secret, previously made arrangements with the responsible of the same, who will not be able to deny admission of the authority.

      Article 289.- Search without Court Authorization

      May not be the raid without prior judicial authorization except in the cases that the Constitution authorizes.

      Article 290.- Processing of the authorization

      Provided by this Code authorization is required for the realization of a test measure, the Military Prosecutor, Police must petition in writing to be founded, which may contain:

     1.- The concrete identification of the place or places as shall be recorded;

     2.- The purpose of the register, highlighting the objects to seize and, if necessary, the people stopping;

     3.- The name of the Fiscal Military Police responsible for the control of the implementation of the measure;

     4.- The reasons which are the foundation of the necessity of the measure;

     5.- And the signature of the Military Prosecutor of the Police that requires authorization.

      Article 291.- Authorization of the court

      The Military Judge, the Police will examine the compliance with the formal requirements and the reasonableness of the grounds which are the foundation of the order of the Fiscal Military Police.

     Shall include the authorization in the same writing, indicating the time limit for its implementation, which shall not exceed eight days.

     The Military Judge, the Police shall keep a copy and the other will be delivered to the owner manager who is in place at the time of executing the extent, or to a neighbor next to the place of judgment.

      Article 292.- Delivery of Objects or Documents

      Whoever is in possession of objects or documents which may serve as a means of proof, shall be obliged to present them and deliver them when they are required, continue to apply the measures of coercion allowed to a witness who refuses to testify. If the required objects are not delivered will be available forfeiture.

     Are excepted from this provision the people who need to refrain from testifying.

      Article 293.- Procedure for forfeiture

      Will be applied for the seizure of the rules laid down for the registration. The effects seized are described, inventoried, and placed in safe custody to prevent their modification or replacement.

     It may be provided to obtain copies, reproductions or images of the objects when it is most convenient for research.

      Article 294.- Objects that are not subject to forfeiture

      Shall not be subject to forfeiture:

     1. The notes that you have taken the above mentioned communications committed by the accused, or on any circumstances which extends the right or the duty to refrain from giving evidence;

     2. The results of tests or diagnostics related to the medical sciences have made to the accused person under legal professional privilege; and.

     3. The documents the police or the military classified, the disclosure may adversely affect the national defense.

     In the case of subsections 1 and 2, the limitation will only apply when the communications or objects are in the power of those people who need to abstain from declaring, or in the case of professionals bound by professional secrecy, if they are in your possession or kept on file in their offices or in a hospital setting.

      Article 295.- Communications

      For the seizure of epistolary correspondence and to interception by any technical means of other forms of personal communication, require judicial authorization, and we will proceed in a similar way to search.

     The intervention of communications will be exceptional and may only be carried out by the term of thirty days and may be renewed for another similar period, stating the grounds for its extension.

     Applies to the officials charged with carrying out the procedure, the duty of confidentiality and secrecy in respect of information obtained by these means, except in respect of the authority required. Those who fail to comply with this duty shall incur personal liability.

      Article 296.- Closure of local

      When the investigation of a crime is essential to the closure of a local or immobilization of movable things which by their nature or dimensions may not be maintained in deposit, we will proceed to secure them, according to the rules of the registration.

      Article 297.- Seizure data

      When decomisen computer equipment or data stored on any other support, it will proceed as planned for the documents and be governed by the same limitations.

     The examination of objects, documents, or the result of the interception of communications, will be under the responsibility of the Military Prosecutor of the Police, who requested it.

     The objects or information that are not helpful to the investigation or contained in the restrictions on the forfeiture or trapping, they will be returned immediately and may not be used for research.

     The officers in charge of the measure have the duty of confidentiality under the conditions provided for in respect of the communications.

      Article 298.- Control

      The parties may object to the judge the actions of the prosecutor, or law enforcement officials, in exercise of the powers recognized in this Title.

      Article 299.- Destination of the seized objects

      The custody, management and destination of the property seized shall be governed by a special law and the regulations made by the board of Military Police, according to the following principles:

     1.- Immediate return to who has a better right when they are not essential to the research;

     2.- The preservation of the rights of the victims;

     3.- The conservation preventing its deterioration and destruction;

     4.- The elimination of unnecessary costs or excessive; and

     5.- Attention to the interests of public utility of the goods.

CHAPTER III

TESTIMONIALS

      Article 300.- Duty to testify

      Except as otherwise provided by law, every person shall have the obligation to attend the call-up of the military justice police and declare the truth of what you know and for him to be asked. Also, you may not hiding the facts, circumstances or elements associated with the investigation.

     The witness does not have the obligation to testify about facts that may lead to criminal liability.

      Article 301.- Capacity of witness

      Every person will be able to witness, without prejudice to the power of the Military Judge Police to assess their testimony.

      Article 302.- Abstention to testify

      1. May not testify the spouse of the accused, the relatives within the fourth degree of consanguinity or second of affinity, and one who had a live-in relationship with him. Extends this ability to the same extent, to the relatives by adoption, and in respect of the spouses or domestic partners, even when it has ceased to be the bond of marriage or cohabitation. All of them will be warned before the due care and diligence, of the right which assists them to refuse to give testimony in whole or in part.

     2. Shall not declare, with more details to be laid, who according to the Law need to keep professional secrecy or State:

     (a) bound by professional secrecy may not be forced to testify about what is known by reason of the exercise of their profession, except for the cases in which they have an obligation to report it to the judicial authority. Among them are lawyers, ministers of religious worship, notaries, doctors and medical staff, journalists, or other professional dispensed by applicable Law. However, these people, with the exception of ministers of religious worship, not to be denied their testimony when they are released by the petitioner of the duty of confidentiality.

     (b) officials and public servants if they know of a secret State, that is, of information classified as secret or reserved, have the obligation to notify to the authority that the cite. In these cases, will be suspended due diligence and will be asked to provide information to the Minister of the Sector to ensure that, in the period of fifteen days, suggesting, in effect, the required information is within the scope of the exceptions set forth in the orderly unique text of the Law on the matter.

     3. If the required information to the witness is not held in the exceptions provided for in the Law of the matter, it shall provide for the continuation of the statement. If the information has been classified as secret or reserved, the Judge, ex officio or at the request of a party, in both deems essential to the information, shall require the written information and even be able to cite to declare to the public officials that correspond, even the witness initially set, for the clarifications as appropriate.

      Article 303.- Criterion judicial

      If the Military Judge, Police estimated that the witness invokes wrongly the faculty of abstain or reserve of the secret order of their declaration by resolution founded.

      Article 304.- Compulsion

      If the witness does not appear at the third call will appear by the middle of the public force.

     If, after appearing, refuses to testify without the right to do so, will be noted in the file and will be made aware of the fiscal to proceed, in accordance with their terms of reference.

      Article 305.- Residents Abroad

      If the witness is abroad, it shall proceed in accordance with the rules of national or international judicial cooperation. However, it may require the permission of the State in which he shall be found, to be questioned by the consular representative or a diplomat, by a judge or a prosecutor, or any other technological means, depending on the stage of the procedure and the nature of the act in question.

      Article 306.- Declaration form

      Before you begin the statement, the witness shall be informed about their obligations, the liability for non-compliance and shall take an oath to tell the truth, according to their beliefs. Will be exempted from taking the oath, those under the age of 18 years and those convicted as part of the crime under investigation or other related offence.

     The witnesses will be questioned separately, and about any circumstances that serve to appreciate its veracity.

CHAPTER IV

SURVEYS

      Article 307.- Source

     1. The expertise will proceed provided that, for the explanation and better understanding of some fact, it required specialized knowledge of the nature of scientific, technical, artistic or qualified expertise.

     2. You may order an expertise when appropriate to apply article 15 of the Criminal Code. This is a decision on the cultural patterns of referral of the accused person.

     3. Not be governed by the rules of the examination for those who declare on facts or circumstances that she met spontaneously, although used to inform the special skills you have in a science, art, or technique. In this case, be governed by the rules of testimonial evidence.

      Article 308.- Appointment

     1. The trial Judge, and, during the Preparatory Research, the Prosecutor or the Judge of the Preparatory Research in the test cases early, shall appoint an expert. Choose specialists where any, and, among these, those who are serving the State, which will collaborate with the criminal justice system free of charge. Failing that, it will do so between the appointed or enrolled, according to the norms of the Organic Law of the Judiciary. However, it is possible to choose two or more experts as they are essential for the considerable complexity of the matter or when required by the competition of different knowledge in different disciplines. These effects will be taken into consideration in the proposal or suggestion of the parties.

     2. The work of the expert will be assigned, without the need of express designation, to the Laboratory of Criminalistics of the National Police, the Institute of Legal Medicine and the National System of Control, as well as to State agencies that develop scientific or technical, which shall give it their assistance, free of charge. Also may be entrusted the work of the expert is to Research Institutes, Universities or legal persons in general, provided that they meet the necessary qualities to this end, with knowledge of the parties.

      Article 309.- Procedure for the appointment and duties of the expert

     1. The appointed expert has the obligation to exercise the charge, unless you are involved in any cause of impairment. Oath or promise of honour of the office with truth and diligence, opportunity to express if you attend some impediment. Be warned that incurs criminal liability, if you lack the truth.

     2. The disposition or resolution of appointment shall specify the point or issue that will have an impact expertise, and shall fix the time limit for submission of the expert report, listening to the expert and the parties. The fees of expert witnesses, out of the assumptions of gratuity, shall be fixed in accordance with the Table of Fees approved by Supreme Decree on a proposal of an inter-agency Commission presided over and appointed by the Ministry of Justice.

      Article 310.- Impairment and surrogacy expert

      1. It may not be appointed expert, who is involved in the same grounds provided in items 1) and 2) literal. article 302 of this Code. Nor will a person who has been appointed as expert witness in the same process or in-process related, who is suspended or disbarred from the practice of his profession, and who has been witness to the fact the subject of the cause.

     2. The expert witness shall be excused in the cases referred to in the above paragraph. The parties can cross that one off for those reasons. In such cases, accredited by the reason of the impediment, shall be subrogated. The blemish does not prevent the submission of the expert report.

     3. The expert shall be subrogated, upon prior notice, if proving negligence in the performance of the function.

      Article 311.- Access to the process and reserve

     1. The expert has access to the record and other evidences that are at the disposal of the judicial authorities in order to obtain the information they deem necessary for the performance of its task. Indicate the date you start operations expert and her then.

     2. The expert shall save reservation, under the responsibility of the meet on the occasion of his performance.

      Article 312.- Expert party

     1. Produced the appointment of the expert, the parties to the proceedings, within the fifth day of notified or such other period as is agreed to by the Judge, may appoint, each one on their own, the experts it deems necessary.

     2. The expert of party is authorized to witness the operations expert of the expert, make observations, and leave the proofs that their technique they are advised.

     3. The operations expert must wait for the designation of the expert of the part, unless they are urgent or extremely simple.

      Article 313.- Content of the expert report official

     1. The report of the official experts will contain:

     a) The first name, last name, address, and National Identity of the expert, as well as the number of its professional record in case of mandatory schooling.

     (b) description of the situation or state of facts, whether person or thing, that did the survey.

     c) The detailed exposition of what has been checked in relation to the order.

     (d) The motivation or rationale of the technical examination.

     (e) a statement of the criteria of scientific or technical, medical and rules used to do the test.

     f) conclusions.

     (g) The date, stamp and signature.

     2. The expert report may not contain trials with respect to the responsibility or not criminal liability of the accused in connection with the fact criminal matter in the process.

      Article 314.- Content of the expert report of part

      The estimator of part, disagree with the conclusions of the expert report official may submit its own report, which shall conform to the provisions of article 313, without prejudice to do the critical analysis that you deserve the expertise officer.

      Article 315.- Additional rules

     1. The Report of the expert officer will be unique. If there are several official experts and if they disagree, each will present its own expert report. The deadline for the submission of the expert report shall be posted by the Prosecutor or the Judge, as the case may be. The observations on the Report of the expert official may be filed within five days, then the communication to the parties.

     2. When there is a report of the expert of the part with conclusion dissenting, shall be communicated to the expert, for the term of five days to decide on its merit.

     3. When the expert report official should prove insufficient, you may order the extension by the same expert or to appoint another expert to issue a new one.

      Article 316.- Expert examination

     1. The examination or cross-examination of the expert in the audience will get a better explanation on the check that has been made in respect of the object of expertise on the fundamentals and the conclusion holds. In the case of expert opinions issued by a specialized institution, the interrogation can be understood with the expert designated by the entity.

     2. In the case of expert reports official discrepant promote, ex officio, including, in the course of the act of oral debate expert.

     3. In the case of item 2 of article 315, it is mandatory to open the discussion between the expert and the party.

CHAPTER V

THE CONFRONTATION

      Article 317.- Source

     1. When between what is stated by the defendant, and what is declared by another accused person, a witness or the aggrieved arising out of major contradictions, whose elucidation requires to hear both, there will be confrontation.

     2. In like manner appropriate to the confrontation between aggrieved parties or witnesses or these with the first.

      Article 318.- Rules of the confrontation

     1. The Judge will refer to the statements of those subjected to cross-examination, asked if the confirmed or modified, inviting them, if necessary, to refer each other to their versions.

     2. Thereupon, the Criminal Prosecutor, Military Police, and the other parties to the proceedings may cross-examine, to those subjected to cross-examination exclusively on the points matter of contradiction, and which determined the origin of the diligence.

CHAPTER VI

OTHER MEANS OF PROOF

      Article 319.- Acknowledgements.

      Documents, objects, and other items of a conviction may be displayed, the accused, witnesses and experts to recognize or report on them.

     When available, the recognition of voices, sounds, and you can be the object of sensory perception, it will be observed, to the extent possible, the provisions laid down for the recognition of people.

      Article 320.- Reports.

      May be required to report to the command of the Armed Forces, National Police, other public or private entity or any person on the existing data in the records that they have.

     The reports shall be requested in writing, stating the procedure in which you require, the name of the accused, the place and time of delivery.

     In case of non-compliance may be required to answer on pain of criminal liability as appropriate.

      Article 321.- Recognition of people.

      The diligence of the recognition is performed soon after the interrogation, or in the time that was requested by the parties, thereby placing the view of those who need to verify this assumption, together with two or more other people from outside conditions like you need to be identified or recognized then that this choose your placement.

     In the presence of all of them, or from where can't be seen, according to the Military Judge, the Police considers it appropriate, the need to practice recognizing manifest if it is in the group the person that has made the reference, invitándosele in such case, the point clearly and precisely. Also stating the differences and similarities that observare between your current state and that it had at the time referred to in his statement.

     The due diligence will be noted in the minutes, which shall be entered all the circumstances useful, even to the name and address of those who had formed the group.

      Article 322.- Precautions.

      The realization of awards will be made with advance notice to the parties.

     The awards will proceed even without the consent of the defendant, and must take care to not deface.

     In all cases you will need to be present to the Military Prosecutor, the Police, the advocate of the person to recognize and the test can only be asserted at the trial when this requirement has been met.

      Article 323.- Lifting corpse

     1. In the case of a suspicious death to have been caused by a punishable act, proceed to lift the corpse, if possible, with the participation of law enforcement personnel specialized in forensic science, noted in the minutes.

     2. Lifting corpse will be conducted by the Prosecutor, with the intervention -if possible - of the medical examiner and police personnel specialized in criminology. For reasons of geographic will not be required the participation of police personnel specialized in criminology. The Tax according to the circumstances of the case, it may delegate the conduct of due diligence on his / her deputy, or the Police, or in the justice of the Peace.

     3. The identification, either before the burial or after the exhumation will take place via the external description, the documentation that was carried by the subject, the impression papiloscópica, or by any other means.

      Article 324.- Necropsy

     1. When it is probable that it is a case of criminality performed the necropsy to determine the cause of death.

     2. In case of death caused by an accident in a means of transport, or as a result of a natural disaster, in which the causes of the same is the direct consequence of these facts, it will not be enforceable necropsy without prejudice to the identification of the corpse before it was delivered to his family. In any case, it is compulsory to post-mortem examination over the dead body of the one who was in charge of the driving of the means of transport damaged. In other cases it is practiced at the request of a party or your family.

     3. The autopsy will be performed by experts. The Prosecutor will decide whether he or his deputy must presenciarla. The act can assist the attorneys for the other parties to the proceedings and even credit experts part.

      Article 325.- Embalming a corpse

     When it is a question of culpable homicide or suspicious death of a crime, the Prosecutor prior to a medical report, you can authorize or provide the embalming in charge of a competent professional when it deems relevant to the purposes of the process. In that same course incineration can only be authorized by the Judge after it has been issued a final ruling.

      Article 326.- Examination of the viscera and materials suspicious

     1. If there are any signs of poisoning, the expert will examine the viscera and the subjects suspicious who are in the body or in another part and sent in containers apparent, closed, and lacrados, the specialized laboratory concerned.

     2. The subject of the investigation will be preserved if it were possible, to be presented at discussion oral.

      Article 327.- Examination of injuries and sexual assault

     1. In case of bodily injury will require the expert to determine the weapon or instrument that has caused, and if they left or not deformation and signs are permanent in the face, put in danger the life, caused incurable illness or the loss of a limb or organ and, in general, all circumstances that, under the Code of Criminal influence in the qualification of the offence.

     2. In the case of sexual assault, the medical examination shall be carried out exclusively by the doctor in charge of the service with the assistance, if necessary, a professional assistant. We will only allow the presence of other people with the prior consent of the person tested.

      Article 328.- Pre-existence and Valuation

     1. In crimes against property and war material shall be credited against the pre-existence of the thing subject matter of the crime, with any means of proof required.

     2. The recovery of things or property, or the determination of the amount of the injury or damage, where applicable, will be pericialmente, except that it is not necessary to do so because of the existence of other means of proof suitable or possible an estimation court for its simplicity, or evidence.

TITLE IX

MEASURES OF COERCION AND PRECAUTIONARY

CHAPTER I

MEASURES OF COERCION

      Article 329.- General Principle

      The only measures of coercion are authorized by this Code, your character is exceptional and will last a minimum amount of time is reasonable within the maximum provided by law.

      Article 330.- Freedom

      The accused will remain in custody during the whole process, unless there is imminent danger of a leak, or when your freedom put at risk the effectiveness of the research.

     The deprivation of freedom is the last alternative, just attend to it when the other alternative measures may not work. You can never be such a restriction to ensure the recovery of civil damages, the payment of costs or fines.

      Article 331.- Measures of coercion

      The public prosecutor or the complainant may apply to the judge for the imposition of any of the measures listed below:

     1.- The obligation to submit to the care or supervision of a person or institution determined, in the conditions set by him;

     2.- The obligation to appear before the court or to the authority designated by him;

     3.- The prohibition of leaving the territorial scope in which it is determined;

     4.- The prohibition to attend certain meetings or to visit certain places or communicate with certain people, provided that it does not affect the right to defense;

     5.- The provision of a surety appropriate economic;

     6.- The suspension in the exercise of office;

     7.- The obligation preventive not to perform any activity, if may correspond to the penalty of disqualification, retaining in your case the license or document that confirms the authorization appropriate;

     8.- The arrest in their own home or in that of another person, without surveillance or with what is available;

     9.- The promise of the defendant to undergo the procedure and did not obstruct the investigation;

     10.- Pre-trial detention.

     The judge will decide the application within twenty-four hours if the accused is in custody and in the space of three days in other cases.

     The requirement of a measure of restraint, and the resolution of the judge is to be made at public hearing convened to that effect.

     You cannot apply a measure of restraint, without the express request of the prosecutor or the complainant.

     Always the danger of leakage or hindering of the investigation can be avoided by reasonably by the application of other measures less burdensome to the defendant than is required by the public prosecutor or the complainant, the judge shall impose on any of the provided for in this article, individually or in combination.

      Article 332.- Requirements

      The measures of coercion will proceed under the following circumstances:

     1.- That there are elements of conviction sufficient to sustain, reasonably, that the accused is the perpetrator or participant of a criminal offense; and

     2.- When by the appreciation of the circumstances of the case, there is a presumption enough, that he shall not be put to the procedure or hinder the investigation.

     The request, the public prosecutor or the complainant be set out clearly the reasons why.

     The judge shall review the legality and reasonableness of the request and resolve it reasonably.

      Article 333.- Form and character

      The resolutions that decreten a measure of coercion, must identify the defendant, stating the facts against them and their legal description and express the circumstances that justify the imposition of the measure.

     The resolutions that imposed a precautionary measure, rejected or replaced they are revocable or reformables in any state in the procedure.

     All accused will be brought before the judge, asking to be heard and to waive a preliminary injunction.

     When the ground on which it is based measure is the hindering of the activity procedural fix the period of time necessary for the completion of the proceedings, which are considered can be encumbered.

      Article 334.- Maximum duration

      The measures of coercion for non-custodial never be able to be imposed for a term exceeding three years.

     The measures of coercion deprivation of liberty shall not be imposed for a longer term than two years. Once this term expires the accused shall be automatically released, without prejudice to the continuation of the process, and will not be able to enact a new measure of coercion deprivation of liberty.

     At the time of require the application of a measure of restraint, the prosecutor shall indicate the period of duration, reasonably believes to be necessary, depending on the circumstances of each case.

      Article 335.- Treatment

      Pretrial detainees will be housed in special facilities, different to that used for the damned. Shall be treated at all times as the innocent who suffer the arrest with the single order to ensure the proper development of the procedure.

      Article 336.- Cessation of Preventive detention

      Shall provide for the termination of pretrial detention in the following cases:

     1.- If its duration exceeds the minimum of the penalty prescribed in the abstract for the crime attributed to the accused;

     2.- If its length is equal to the time required for the granting of probation or asistidaa the damned, and found gathered together the remaining requirements.

     3.- If you exceed the time limits established by this Code.

      Article 337.- Recall and review of the precautionary measures. Release

      The judge, ex officio or at the request of a party, shall have the immediate release of the accused when there are or have stopped all budgets required for the imposition of preventive detention.

     The accused may also request the revocation or replacement of any precautionary measure for all the times that it deems appropriate.

     You also have the right to that, for once, the decision would be reviewed by the Superior Council of Military Criminal Police.

     The resolution which rejected a preliminary injunction may not be contested.

     The challenge to the Military Prosecutor, the Police, to the resolution, which granted freedom, prevents the release.

      Article 338.- Non-compliance

      In the event of unjustified failure of the obligations imposed by the judge will be able to replace or add new ones, without prejudice to order the enforcement of the guaranty and economic given.

      Article 339.- Limitations of pre-trial detention

      Shall not proceed with the trial detention in the following cases:

     1.- If due to the characteristics of the made and the personal conditions of the defendant, may be applicable to a conditional sentence;

     2.- When the crime he planned penalty of up to three years of prison sentences, if the circumstances of the fact and the personal conditions of the imputed autorizaren to presume that even in the face of possible conviction effective that may subsist not be taken from the authority of the referee;

     3.- In the case of persons over sixty-five years, women in the three months of pregnancy, the mothers during the first year of breastfeeding their children or of people affected by serious illness and risky, unless the seriousness of the act should remain deprived of their liberty, in which case it shall comply with the measure at appropriate locations.

      Article 340.- Admission

      The judge may order the placement of the accused in a health-care facility where appropriate, preventive detention and being checked by expert opinion that the accused suffers from a severe disruption or failure of their mental faculties, provided that the same is dangerous to third parties and will not be able to be in charge of a trusted person in a permanent or in an appropriate institution suggested by people you trust.

     When for the preparation of the expert report is necessary for the hospitalization may be ordered by the judge, at the request of the expert, only if there is the likelihood that the accused has committed the fact, and such a measure is not disproportionate to the importance of the penalty or measure of safety that is expected.

      Article 341.- Arrest without warrant

     In case of flagrante delicto, the military will be able to practice the apprehension.

     In this case, you must deliver immediately apprehended and things which constitute the body of the crime to the competent authority nearest to you. It is understood by immediate delivery to the time that it takes for the report to the competent authority nearest to you.

     In no casola aprehensiónautoriza to enclose or maintain deprived of their liberty in a public or private place, until their delivery to the competent authority. The competent authority shall draw up a certificate stating the delivery and other circumstances of the intervention

     If the prosecutor is of the opinion that it should remain in detention, the same shall not exceed twenty-four hours, and it shall give immediate notice to the judge.

     If in this period is not resolved to the application of a coercive measure involving deprivation of liberty, responsible for the establishment where halle arrested the accused will leave you in freedom.

      Article 342.- Flagrante delicto

      There will be red when the offender is caught in the moment again, or commit, or immediately after, or while being chased, or when you have objects or traces that can sustain reasonably that has recently become involved in a crime.

      Article 343.- Detention

      The judge, at the request of the prosecutor, may order the detention of the accused when there is sufficient evidence to argue, reasonably, that he is the author or participant of a crime for which appropriate preventive detention.

     The detention may not exceed twenty-four hours. If the prosecutor considers that the person should be detained for a longer time, will ask the judge, the request for preventive detention for within forty-eight hours following convene a public hearing on the resolution of the origin of the petitioner or the application of other measures of coercion less burdensome.

     Nobody can be arrested, but by means of a written and motivated by the judge or the police authorities in case of flagrante delicto crime.

CHAPTER II

PRECAUTIONARY MEASURES

      Article 344.- Source

      The precautionary measures of real character and will be agreed upon by the judge, at the request of a party, to ensure the fine or the repair of the damage.

      Article 345.- Inquiry on property which is the subject

      In the course of the first few errands and during the preparatory research the Prosecutor, ex officio or at the request of a party, will inquire about the goods free or rights may be attached to the defendant, and the third, a civilian, in order to ensure the effectiveness of the responsibilities pecuniary arising from a crime or the payment of the costs.

      Article 346.- However

     1. Identified good or right attachable, the public Prosecutor or the complainant, as the case may be, shall request the Judge of the Investigation Preparatory to the adoption of the measure, however. These effects motivate your application with the appropriate proof of the concurrence of the budgets required for its adoption, shall specify the good or right concerned, shall specify the amount of the lien and shall indicate necessarily the form of the measure. The forms are provided, where relevant, in the Code of Civil Procedure.

     2. The complainant must provide contracautela. This shall not apply in the cases referred to in article 614 of the Code of Civil Procedure.

     3. The Judge, without any process whatsoever, based on the merit of the request and of the documents accompanied or, if applicable, request the Attorney, shall issue the order to seize in the form requested or that it considers appropriate, provided they are not more burdensome than the required passing, in his case, by the contracautela offered. We will adopt the measure, however, that on cars there is sufficient evidence to support a reasonable belief that the defendant is likely perpetrator or accomplice to the crime account assignment object, and the characteristics of the event or of the accused, there is substantiated risk of insolvency of the accused or of concealment or disappearance of the well.

     4. The provision of the contracatuela, when applicable, will be provided prior to any act of fulfilment or enforcement of the embargo agreed. It is for the court to rule on the suitability and sufficiency of the amount of the contracautela offered.

     5. Governed, to the complainant, the provisions of article 613 of the Code of Civil Procedure.

     6. Even denied the application for preliminary injunction, however, can be reiterated to the same, if you change the circumstances existing at the time of the request.

     7. If you have a conviction, even when he is challenged, at the request of a party, proceeds, however, need to contracautela or justify it, specifically the likelihood of crime.

      Article 347.- Execution and appeal of the car, however

     1. Any order intended to prevent or delay the realization of the measure is inadmissible.

     2. Executed as shall be notified to the parties with the mandate of yet.

     3. You can appeal within three days of notification. The resource comes without suspensive effect.

      Article 348.- Variation and Uprising of the freezing

     1. In your own notebook, however, will process the request for the variation of the measure, however, which may include the uprising of the same. To this effect, they will argue, and in your case will be credited facts and circumstances that might be taken into account at the time of grant. The application for the variation and, in your case, lift, will be processed prior to delivery to the parties. Governed, as appropriate, in article 617 of the Code of Civil Procedure.

     2. It allowed the replacement of the goods seized and their uprising prior empoce on the Bank of the Nation to order from the Court of the amount by which it ordered the measure. You have made the appropriation resolution of replacement shall be issued, without any process whatsoever, except that the Judge considers it necessary to hear the parties.

     3. The resolution is issued in the cases provided for in the items above is appealable without suspensive effect.

      Article 349.- Judgment lien

     1. Sign up for an acquittal, a writ of dismissal or resolution, equivalent, will be raised ex officio or at the request of a party the embargo adopted, and it is going to proceed to be the case in the determination of the damages that would have been able to produce such a measure if requested by the complainant.

     2. A firm that is a judgement of conviction, will be required to immediately affected the compliance of the corresponding responsibilities, failing to start the execution with respect to the affected property.

      Article 350.- Authorization to sell the attached article

     1. If the accused or convicted person decides to sell the good or right attached, ask permission from the Judge.

     2. The sale is made in public auction. The price paid will be deducted from the amount that corresponds to the however, must be deposited in the Bank of the Nation. The difference will be delivered to the accused or to whoever he tells you to.

      Article 351.- Disaffection and Third-party

     1. The reversal is processed before the Judge of the Preparatory Research. Always proving conclusively that the good or right in question belongs to someone other than the defendant or the third civil, even if the measure has not been formalized or locked. Governed, as appropriate, the article 624 of the Civil Procedural Code.

     2. The arbitration court shall be brought before the Civil courts, in accordance with the Code of Civil Procedure. You must include a mandatory Provincial Prosecutor in the Civil, which shall act in accordance with the provisions of subsection (2) of article 113 of this Code.

      Article 352.- Pending the appeal in the second instance.

      Appeals in respect of the resolutions referred to in articles 347, 348.3 and 351.1 will be handled, as appropriate, in accordance with the provisions of this Code relating to the enforcement staff.

TITLE X

ORDINARY PROCEDURE

Chapter I

GENERAL ASPECTS OF THE PREPARATORY STAGE

      Article 353.- Purpose.

      The preparatory phase will aim to determine whether there is a basis for the judgment by the collection of elements with which to support the claim and exercise of the defence of the accused.

      Article 354.- Record research.

      The prosecutor will form a subset of the research, in order to prepare your requirement, which will not be subject to any formality, unless the practical rules about documentation that is set by the Hall of Supreme Military Police.

      Article 355.- Value of the proceedings.

      The proceedings of the preparatory research does not have probative value to establish the defendant's conviction, except in cases expressly provided for in this Code.

     However, be invoked to request or found a measure of coercion or protective measures, exceptions, or the case dismissed.

      Article 356.- Performance court.

      Corresponds to a criminal court order advances jurisdictional test, resolve exceptions, and other applications typical of this stage, authorization, and monitoring compliance with the procedural principles and safeguards.

      Article 357.- Incidents hearings during the preparatory stage.

      All requests or proposals of the parties, which by their nature or importance, need to be debated or require the production of evidence, shall be handled as incidents.

     The incidents and requests will be resolved in oral hearings and the public, conducted under the principles of simplicity, speed, and concentration of the test. Will be resolved immediately. The Military Prosecutor's office of Police shall ensure the presence of its members in the audience through flexible rules of distribution of work, on the basis of the principle of the unity of the tax or of the effectiveness of the public defender.

Chapter II

Initial Acts

First Section

Complaint

      Article 358.- Complaint.

      Any person who has knowledge of a crime of function, you will be able to report to the criminal prosecutor, military police, or military authorities or the nearest law enforcement. You may do so in written or verbal form, either personally or by mandate. When a verbal extend an act; in the report by the mandate simply an express authorization. In both cases, the official receive will verify and record the identity and domicile of the complainant.

     The complaint shall contain the detailed account of the fact, with indication of the authors, participants, aggrieved parties, witnesses and other evidence that might lead to its testing and qualification, legal, and in your case the constancy of the delegation of the civil action.

      Article 359.- Obligation to report.

      Have an obligation to denounce the crimes of the function, the military or police officers who are familiar with the fact, your commands to respective organs of institutional control and the Provinces concerned.

     In all these cases the complaint is not required if a reasonably risk to the criminal prosecution of its own, the spouse, partner or relative within the fourth degree of consanguinity or second of affinity, or when the facts had been known under professional secrecy.

      Article 360.- Participation and responsibility.

      The complainant will not be a party to the proceedings, and shall not incur any liability, except when the allegations to be false, or the complaint has been reckless.

      Article 361.- Procedure.

      When the complaint is filed with the authority in military or law enforcement, it shall immediately inform the prosecutor, who assumed the direction of the research and indicate the procedures that need to be carried out.

     When it is filed directly with the prosecutor shall initiate the investigation in accordance with the rules of this Code, with the help of the Armed Forces and/or the National Police.

Second Section

- Initiation

      Article 362.- Proceedings initials.

      The authorities, the police or the military that they have knowledge of a crime-of-function military or police shall inform the prosecutor immediately after the first intervention, continuing research under his direction and control.

     The military authorities or the police shall inform the prosecutor about the actions that have been carried out to investigate a crime, and transmit the test items picked up within seven (7) days, without prejudice to continue to participate in the research.

     The Higher Military Council of Police shall establish rules for the conduct of this action initial, on the basis of general instructions.

      Article 363.- Precautionary measures.

      When in the first stage of the investigation of a fact not be possible to identify the author, the participants or witnesses and may need to be proceed with urgency in order not to harm the investigation, it may provide that the present does not stay away from the place, or to communicate among themselves before reporting, or modify the state of the things and places.

     In any case, such a measure may exceed six hours.

     Apply relevant techniques for the recognition and preservation of the crime scene, the collection of data trace, appropriate conservation of the data collected, packaging, remission of these is, and the establishment of the safety chain to preserve the authenticity of the same.

      Article 364.- Preliminary investigation.

      When the district attorney has direct knowledge of a crime of the function will promote a preliminary investigation to determine the circumstances of the fact and its authors and participants, leaving a record in that register to the start of the preliminary investigation.

      Article 365.- Initial assessment.

      Within fifteen days of the receipt of the complaint, the police report or the Institute or practiced the preliminary investigation, the prosecutor shall provide the following:

     1.- The opening of the preparatory research;
     2.- The dismissal of the complaint or of the police actions or Institute;
     3.- The file.

      Article 366.- Dismissal.

      If the prosecutor considers that the fact is not a crime shall reject the complaint, police actions, or those of the Institute.

     If, in the judgment of the prosecutor, the fact is missing, it shall send a copy of the relevant parts, the Institute of the defendant in order that is appropriate to their disciplinary sanction.

     The dismissal shall not prejudice the filing of a new complaint on the basis of distinct elements.

      Article 367.- File.

      If you have not been able to identify the perpetrator or participant, is manifested by the impossibility of bringing together elements of conviction or not you can proceed with the opening of the preparatory research, the prosecutor may have the staging file of the proceedings.

     The staging file not prevent re-open the investigation if subsequent data that can identify the perpetrators or participants.

      Article 368.- Control of the tax decision.

      The victim may request in writing founded and at any time, the review of the dismissal or the file, before the prosecutor who depend on the officer who took the decision.

      Article 369.- Opening of the preparatory research.

      When there are enough elements in the prosecutor shall provide for the opening of the investigation preparatory to the trial, forming a record in which shall be recorded the following data:

     1.- A succinct statement of the facts to be investigated;

     2.- The identification of the defendant;

     3.- The identification of the aggrieved;

     4.- The rating is provisional legal; and

     5.- The prosecutor in charge of the investigation.

     From this time will begin to run the duration of the process.

     The Prosecutor to inform the court for the opening of the investigation, attach copy of resolution. The judge will convene a public hearing to inform the accused person about the beginning of the investigation, control the regularity of the process and to ensure the defence of the accused.

     Expand the object of the research if you incorporate new facts or imputed. In these cases there will be a need for a new audience.

      Article 370.- Generic research.

      The Prosecutor Supreme Military Criminal Police may order a generic research when it is necessary to investigate some special form of crime or acts that make it advisable, provided that this is not directed against an accused person in particular.

     In such a case, the attorney designee shall inform the public Prosecutor Supreme Military Criminal Police with the frequency established.

     During the course of this investigation will not proceed to the implementation of any interim measure or coercion.

     If you require a judicial authorisation, it will be required by the Fiscal Supreme Military Criminal Police, who will justify the request accompanying the report of the prosecutor in charge of the research on what is relevant.

     When in the framework of this research is to authorize the execution of the telephone tapping, the interception of private documents, the lifting of the bank secrecy or other measures that would apply to the acquisition of information, the same may not exceed a maximum period of 60 days.

     When a person considers that you are being investigated may be made to the judge asking for is to require the prosecutor to initiate the formal investigation or certifying that there is no suspicion about the applicant.

      Article 371.- Public complaints.

      When you have made public complaints and general who is considered affected by them may request the agency of the office of the Prosecutor of Military Criminal Police that corresponds to, which will report on the existence of an investigation, or, in your case, certifying that have not started any.

Chapter III

Development of the research

      Article 372.- Powers.

      The prosecutor also rehearses the proceedings and actions of the preparatory research that do not have content of jurisdiction.

     The prosecutor may request information to any public officer or employee, who are obligated to cooperate with the investigation, according to their respective competences and to comply with the requests or requests for reports made in accordance with law.

     You can also arrange the measures that are necessary and reasonable to protect and isolate elements of proof in the places where they investigate a crime, in order to prevent the disappearance or destruction of traces, evidence, or material items.

      Article 373.- Intervention of the parties.

      The prosecutor will allow the presence of the parties in the acts that practice.

     Any of them will be able to propose investigations. The prosecutor must be performed by them if it considers relevant and useful, otherwise, it shall record the reasons for its refusal.

     In this last case, the three-day period the parties may appear before the judge, who shall, without any process whatsoever, whether or not the test is proposed. The presentation must be duly substantiated under penalty of inadmissibility.

      Article 374.- Advance jurisdictional test.

      The parties may request, reasonably, the advance court trial in the following cases:

     1.- When we are dealing with an act that, by the circumstances or by the nature and characteristics of the measure, should be regarded as a definitive act and irreproducible;

     2.- In the case of a declaration by a difficult obstacle to overcome is likely that you will not be able to be received during the trial;

     3.- When the complexity of the issue there is the likelihood that the witness't forget to essential circumstances on what you know;

     4.- When the accused is a fugitive, is unable or there is an impairment of constitutional and it is feared that over time may hinder the conservation of the test.

     The judge shall admit or reject the order without substantiation. If supported, shall order the summons of the parties.

     You will be able to do without the authorization of the court if there is agreement of the parties on the need for and mode of conducting the test. The approval of the ombudsman is indispensable.

     The due diligence will be documented in the minutes, or other suitable means and shall be under the custody of the prosecutor, who will be responsible for its conservation unaltered.

      Article 375.- Urgency.

      If you are not located individualized the accused or if any of the acts referred to in the previous article is of extreme urgency, a party may require an oral intervention of the judge, and he shall act without the communications provided to, and, if necessary, request the appointment of a public defender to participate directly in the act.

      Article 376.- Character of the proceedings.

      The preparatory proceedings shall be public, to the parties or their representatives, but not to third parties, except for the oral hearings.

     The lawyers call a legitimate interest to be informed about the fact that it is investigated and the accused or arrested that exist.

     The prosecutor by a reasoned resolution may provide for the partial reserve of the actions essential to not frustrate the effectiveness of measures pending and for a period that may not exceed ten days.

      Article 377.- Duration.

      The preparatory stage will have a maximum duration of six months from the opening of the investigation.

     However, the accused or the complainant may request the judge to set a shorter time period when there is no reason for the delay. Will be solved in the oral public hearing.

      Article 378.- Extension.

      The public prosecutor or the complainant may request an extension of the preparatory stage, when the plurality of victims or defendants, or the difficulties of the research make inadequate the deadline stipulated in the previous article.

     The judge will set prudencialmente the period of extension, which may not exceed six months.

     When a specific act of investigation nor can be fulfilled within this time period, they may apply to the Superior Council of Military Criminal Police a new extension which shall not exceed three months. After expiry of the term fixed is sobreseerá.

Chapter IV

Conclusion of the Preparatory Stage

      Article 379.- Acts conclusive.

      The preparatory phase will conclude through the following acts:

     1.- The indictment of the prosecutor;

     2.- The dismissal;

      Article 380.- Case dismissed.

      The dismissal shall:

     1.- If the fact was committed;

     2.- If the accused is not the author or part of the same;

     3.- If the fact does not conform to legal figure;

     4.- If you mean a justification, inculpabilidad or absence of criminality;

     5.- If the criminal action is extinguished;

     6.- If there is a reasonable possibility of incorporating new evidence or rationale to require the opening of trial; and

      Article 381.- Content of the resolution.

      The resolution that decides the dismissal must contain the details of the accused, the enunciation of the facts that are the subject of research, the foundations factual and legal and the operative part, by appointment of the legal provisions applicable.

      Article 382.- Procedure.

      When the prosecutor requires the dismissal, the judge will order the communication to the accused, the victim and the actor civil.

     Within ten days, rightly, will be able to:

     1.- The actor civil, challenging the order of dismissal and request for the continuation of the investigation;

     2.- The victim, challenging the order of dismissal and to require the prosecutor to continue the investigation;

     3.- The accused, a request for change in the foundations or to be precise the description of the facts that formed the basis of the order of dismissal.

     When to resolve some of these petitions may be necessary to produce evidence, shall convene a hearing within ten days. Who offered to test will have the burden of presenting it at the hearing. In other cases, the judge will resolve without further ado.

     The dismissal is issued, it may be a matter of resource impugnatorio appropriate.

      Article 383.- Effects.

      Once firm, the case will close irrevocably the procedure with respect to the defendant in whose favor it is issued and will prevent a new criminal prosecution for the same act. Even if you are not firm will cease any measure of coercion.

Chapter V

Control of the charge

      Article 384.- Accusation.

      If the prosecutor considers that the research provides a foundation to put on trial the accused shall submit to the indictment, which shall contain:

     1.- The data that serve to identify the accused;

     2.- The relationship clear, precise, and detailed the fact that is attributed to it;

     3.- The validity of the accusation, with the expression of the elements of conviction that motivate;

     4.- The legal description;

     5.- The accurate determination of the damage for which compensation is claimed; and

     6.- The offer of proof.

      Article 385.- Offer of Proof.

      To be offered the test shall submit the list of witnesses and experts, with indication of the name, occupation and address, and will also be accompanied by the documents or indicate where they are.

     The means test will be offered with an indication of the facts or circumstances that they are intended to prove or otherwise, will not be admitted.

      Article 386.- Accusation Subsidiary.

      In the indictment, the prosecutor or the complainant may indicate alternative to the circumstances of the fact, that allow a rating other than to enable the defense.

      Article 387.- Communication to the Victim and the Actor Civil

      The prosecutor must put the allegation to the attention of the victim who has requested to be informed and the actor civil. In the period of five days, they may allege that suits its interests.

     Received the submission of these, or after the fixed term, the tax remitted to the judge the indictment with the test items that were intended to incorporate into the trial.

      Article 388.- Advocate.

      Received the indictment prosecutor, the judge shall communicate to the defense for consideration in conjunction with the elements presented. Within ten days, the defense will be able to:

     1.- Object to the accusation of formal defects;

     2.- Oppose exceptions;

     3.- Request sanitation or declaration of invalidity of an act;

     4.- Oppose the civil claim; and

     5.- To provide evidence for the trial.

     If the accused argued acts discharge or amending of its obligation to repair, the accuser will be able to respond to the arguments and provide new evidence within three days.

      Article 389.- Audience.

      The expiry of the term of communication to the defense, the judge shall summon the parties to an oral hearing to discuss the issues raised.

     The judge will avoid that in this hearing is to discuss specific issues of the trial.

     During the development of the same, the accused may request that you receive your statement, which will be made with the formalities prescribed in this code.

      Article 390.- Test.

      If the parties consider it, will be able to promote the performance of tests in order to solve some of the aspects of the hearing of control. If it is necessary to be able to require the judicial assistance.

     The judge will keep in the audience to discuss issues that are specific to the oral proceedings, and resolved exclusively with the proof submitted by the parties.

      Article 391.- Decision.

      After the hearing, the judge will resolve and explained all of the issues, proposals, and may extend up to three days the time for you to solve.

     In case you have place the abbreviated procedure, you must proceed as provided in this Code.

      Article 392.- Auto Prosecution.

     Resolved the issues raised, the court will issue the writ of prosecution. Such a decision is not appealed.

     The car prosecution must indicate, under penalty of nullity:

     (a) The name of the accused and the aggrieved, always in this last case, have been able to be identified;

     (b) The offence or offences subject matter of the prosecution attorney with an indication of the legal text and, if it was raised, the typings alternatives or subsidiaries;

     (c) The evidence admitted and, if that is the case, the scope of the conventions of evidence of compliance with paragraph (6) of the preceding article;

     (d) The indication of the parties incorporated in the cause.

     e) The order of referral of the actuated to the Judge in charge of the trial.

     When the defendant suffers a measure of restraint, the Judge will decide about the subsistence of the measure or its replacement.

     The car of prosecution shall be notified to the Fiscal Penal Military Police and the other parties to the proceedings.

     Within forty-eight hours of the notification, the investigating Judge shall transmit to the Military Criminal Judge of the Police, who corresponds to the resolution and performed appropriate, as well as the documents and the objects seized, and put your order to the prisoners on remand.

Chapter VI

PUBLIC TRIAL

First Section

General Rules

      Article 393.- Preparation of the Trial.

      Received the proceedings, within two (2) business days, the President of the Chamber to set the date and time for the start of the trial, which will not be earlier than ten days of notification of the self prosecution summons to the parties.

     Immediately the Rapporteur shall proceed to the summons of witnesses and experts, request objects, and documents, and shall provide the necessary measures for the organisation and development of the trial.

     In complex cases or when the parties so request, the Rapporteur shall convene a preliminary hearing to resolve practical issues of the organization of the debate and the citation of the parties.

     The parties shall cooperate in the localization and appearance of witnesses that have been proposed.

     In any event, the board may take prior knowledge of the proceedings.

      Article 394.- Division of the trial in two phases.

      The trial will be conducted in two phases.

     – Prior due process, the first step is to try everything on the existence of the fact, your score and the criminal responsibility of the accused.

     – Completion of this phase, the board must determine if they have been tested the facts of the allegation, and if the accused is guilty or innocent.

     When you are guilty verdict in the second phase, we determine the legal qualification, the penalties and security measures.

      Article 395.- Exceptions.

      The exceptions that are based on new facts may be filed within five days of service of notice of the call. Not be able to postpone the trial for the processing or for the resolution of these incidents.

     The judge will resolve the issue or you can defer until the time of the final judgment.

     In the same period a judge may recuse himself or be challenged.

      Article 396.- Immediacy.

      The trial will be conducted with the uninterrupted occurrence of the judges and of all the parties.

     If the prosecutor does not appear or is away from the audience will be asked to Top Fiscal Penal Military Police replacement. If the term set out in the application, this does not occur, shall be deemed to have abandoned the prosecution.

     When the complainant did not attend the hearing or out of it shall be deemed to have abandoned his action, without prejudice that may be required to appear as a witness.

      Article 397.- Limitations to the freedom of the accused.

      The defendant with a term of detention shall attend the hearing without restraints, shackles, or clothing that belittle their personal dignity, but the president may provide for the supervision and care necessary to prevent their escape or violence.

     If the defendant is on probation, the court may order, to ensure the realisation of the audience, driving by the public force.

      Article 398.- Advertising.

      The judgment will be public. However, the board may decide to make a reasoned decision that is made wholly or partly in private in the following cases:

     1.- It directly affects the modesty, the private life or the physical integrity of any of the persons involved;

     2.- Danger a secret official, professional, home, commercial, or industrial unveiling cause serious prejudice, in accordance with the legislation of the matter;

     3.- Take the reference to a minor; and

     4.- Is prejudicial to the National Security and Defence.

      Article 399.- Media.

      The representatives of the media will be able to witness the debate and inform the public about what happens.

     The judge shall specify in each case the conditions in which they shall exercise such powers and founded decision may also impose constraints when it is detrimental to the development of the debate, or to be affected the interests indicated in the previous article, seeking to promote the breadth of the information.

     If the victim or a witness request that is not authorized by the media to record your voice or image for reasons of modesty or safety, the board shall examine the reasons and will resolve in terms of the different interests involved.

      Article 400.- Access to the Public.

      All persons have the right to access the hearing room.

     All those who are witnessing a trial are subject to the power of discipline the judge.

     For reasons of order, the board may order the removal of those who affect as well as limiting the access to the room depending on their ability.

      Article 401.- Orality.

      The hearing will be oral. This form must declare the accused and other persons participating in it.

     The resolutions of the judge during the hearing will be taught verbally, being reported all by his pronouncement.

      Article 402.- Exceptions to the orality.

      May only be incorporated to the judgment for your reading:

     1.- The evidence received pursuant to the rules of the advance jurisdictional test, provided that it is not possible presence of those who participated in or witnessed the event;

     2.- The statements or opinions produced by the commission, or the report, when the event has occurred in writing pursuant to the provisions of the act and provided that it is not possible the appearance of the expert or witness;

     3.- The minutes of registration, recognition or inspection provided that it is not possible to the testimony of those who were involved or witnessed such acts in the trial; and

     4.- The documentary evidence or reports and certifications.

     All other test that is intended to introduce at trial, for its reading will not have any value, without prejudice to the submission of documents to the witness, expert witness or the accused is to facilitate your memory or give an explanation of what it consists, with the prior authorization of the Room. In any case, you will appreciate the statements made at the hearing.

      Article 403.- Order and direction of the debate.

      Who should chair will conduct the hearing and shall take into account the origin or validity of the evidence.

     It will also make the legal warnings, you will receive the oaths, will moderate the discussion and interrogation preventing interventions irrelevant, without coactar therefore, the exercise of the prosecution nor the amplitude of the defense.

     Their decisions will only be susceptible to the motion for reconsideration.

     Also exercise the power to discipline.

      Article 404.- Continuity, suspension and interruption.

      The hearing will be held without interruption, during all consecutive sessions which are necessary to its completion; but it may suspend for a maximum period of ten days, computed continuously, in the following cases:

     1.- When need to be resolved any incidental question that by its nature can't make up your mind immediately;

     2.- When it is necessary to do any act outside of the place of the hearing and not be met in the interval between a and another session;

     3.- When you are not brought witnesses, experts or interpreters whose intervention, at the discretion of the one who proposed it, is indispensable;

     4.- When any judge, prosecutor or defender can not continue his performance in the trial;

     5.- By disease proven by the accused in which case you may sort the separation of trials and continued the process with the other defendants, if any;

     6.- If any disclosure, or withdrawal unexpected produces substantial alterations to the cause, making it indispensable to an extraordinary test; and

     7.- When the accused or his counsel requested after extended to the indictment, in order to prepare the defence.

     Provided that the suspension exceeds the maximum term fixed throughout the discussion must be set up again. In any case, the judges shall avoid suspensions and delays and, in case of absence or delay of any witness or expert will continue with the others, except that it produces a serious distortion of the activity of the parties.

     The judge shall decide on the suspension and will announce the day and time of the new audience, and it will be worth it as a summons to all attendees.

     The absence of the accused or the inability of the defendant interrupted the trial.

      Article 405.- Immediate Replacement.

      It shall not be necessary to suspend the audience when the Room has been organized from the start with a higher number of judges required for integration, so that the alternate integrate the living Room and allow the continuation of the hearing, or could have been involved more than one attorney or advocate.

     To avoid suspensions, the board may provide for the presence from the start of a prosecutor or a public defender alternate, without affecting the processing of other causes.

      Article 406.- Inability of Assistance.

      People who can not attend the hearing by an impairment justified, will be reviewed in the place where they are by the Room or by way of commission to another court, according to the cases, and ensuring the participation of the parties. In this last case, it shall make a record to be read at the hearing.

      Article 407.- Crime in the Audience.

      If, during the hearing commits a crime of public action, the prosecutor may request that you come up with a better act for the purpose of promoting the appropriate actions.

Second Section

Conduct of proceedings

      Article 408.- Opening and Oath.

      The day, time and place indicated for the initiation of the trial the judge will warn the accused about the importance and the meaning of what is going to happen, telling you that you are attentive to what is going to hear you and making you to know the rights that assist him.

     Immediately ask the prosecutor and the complainant in support of and point out with precision the charges against the accused

      Article 409.- Defense.

      Immediately it is required for the advocate to expose the arguments of his defense.

     In the course of the hearing, the person may make the declarations which it considers appropriate, if it do this right. The parties may ask the applicant questions or require clarification.

      Article 410.- Enlargement of the Indictment.

      When, during the debate, by a revelation or withdrawal unexpected has knowledge of a circumstance that has not been mentioned in the indictment and amending the legal description, the prosecutor or the complainant may extend the accusation.

     In such a case, the chairperson shall give the accused the new circumstances that are attributed to him and inform all the parties who shall have the right to request the suspension of the trial to provide further evidence or to prepare the defence.

     When the new circumstances substantially modifies the accusation that the defense may request a new trial.

     The correction of simple clerical errors may be made during the hearing, without being considered an extension.

      Article 411.- Reception of evidence.

      After the initial interventions of the parties to receive the offered test; in the first place that offered by the prosecution, then the actor's civil and finally the defence, without prejudice to the possibility for the parties to agree on a different order.

     Before testifying, witnesses will not communicate with each other, or with any other person, nor shall see, hear, or be informed of what happens in the hearing room.

     However, the failure of the solitary confinement shall not preclude the testimony of the witness, but the Room will appreciate this circumstance in the evaluation of the test.

      Article 412.- Interrogation.

      The judge, will allow the parties the question and repregunten to the witnesses and experts; first by the party that proposed it and then in the order that it deems appropriate or it has agreed to.

     If the witness incurs contradictions in respect of statements or previous reports, the Criminal court Judge, Military Police may authorize the parties to use the reading of those to highlight the differences or require explanations.

     The judges can only ask clarifying questions, without substituting the activity of the parties, being able to enter a counterclaim against the same to deepen or to guide the questioning in order to ensure the discussion of the essential facts.

      Article 413.- Experts.

      The experts will present their findings in writing and will be orally. To do this will be able to check their written reports, or the use of all the elements useful auxiliary to explain the operations expert made.

     The parties will be interrogated as provided for witnesses.

      Article 414.- Other means of Proof.

      The documents will be read and displayed in the hearing, with indication of its origin.

     The objects and other evidence seized will be displayed for recognition by witnesses, experts or the accused.

     The recordings and elements of test videos will be played back.

     The parties may agree unanimously to read, display, or partial reproduction of these methods of proof when it suffices for the purposes of the debate, with the presiding judge's decision on the matter.

      Article 415.- Final discussion.

      Completed the reception of the evidence, who presides be granted on the word with the Criminal Prosecutor, Military Police, the complainant and to advocate for them in that order to express their closing arguments.

     Not be able to read Aid Memoirs, without prejudice to the partial reading of notes. If there intervened more than one actor civil or defender, you can all talk handing out their tasks to avoid repetitions or delay.

     All parties will be able to replicate, but will correspond to the defender the last word. At the end of the allegation, the defender will express their requests in a concrete way.

      Article 416.- Closure of the Debate.

      If this is the victim and you want to expose, you are given the word, prior to the exhibition of the defense, even when that person has not intervened in the process.

     Finally, we ask the accused if he has something more to manifest and declare the debate closed.

Third Section

Deliberation and Judgment

      Article 417.- Deliberation.

      The debate closed judges, shall immediately and without interruption, to deliberate in secret session, to which you will be able to attend the rapporteur-secretary.

     The judges discuss and vote on all issues of appreciating the evidence, according to the rules of sound criticism.

      Article 418.- Essential requirements of the Sentence.

     The Judgment shall contain:

     1. The mention of the Court, the date and place in which it has been made, the names of the judges and the parties, and the personal data of the accused;

     2. The enunciation of the facts and circumstances of the subject of the prosecution, the claims introduced in the trial, and the claim of the defence of the accused;

     3. The motivation is clear, logical and complete each of the facts and circumstances that lead by proven or improbadas, and the assessment of the evidence that supports it, with indication of the reasoning that justifies it;

     4. The foundations of law, with precision of the reasons legal, jurisprudential or doctrinal serve to qualify legally the facts and circumstances, and for founding the failure;

     5. The operative part, with express mention and clear of the conviction or acquittal of each one of the accused for each of the crimes that the prosecution have been attributed. Will contain the appropriate about the fate of the pieces of evidence, instruments, or effects of the crime;

     6. The signature of the Judge or Judges.

      Article 419.- Writing and reading.

      The statement will be drafted and signed within three days of deliberation.

     Paragraphs are expressed in sequential numerical order and in reference to each relevant question. In the wording of the sentences you can use numbers at the mention of the legal standards and jurisprudence, and also footnotes to the appointment of doctrine, literature, data, case law, and additional topics that serve to extend the concepts or arguments used in the motivation

      Article 420.- Judgment and Accusation.

      The sentence may not give by accredited other facts or circumstances that described in the indictment, except when to favor the accused.

     In the ruling, the board may give to the fact a legal status different from that of the prosecution.

     However, the convicted may not be convicted under a penal precept different from that relied on it without prior warning from the court on that possibility for you to prepare your defense.

     The Room will not be able to apply more severe penalties than those required by the accusers.

     When the prosecutor and the complainant, in his case, to withdraw reasonably the prosecution the court should acquit.

      Article 421.- Decision.

      The acquittal order of the freedom of the sentenced, the cessation of all the precautionary measures, the restoration of the affected objects to the proceedings which are not subject to confiscation and registration required. The freedom of the convicted will be awarded even when the acquittal is not firm.

     The judgment of conviction shall determine with precision the penalties that apply and decide on the delivery of seized objects or their destruction.

      Article 422.- Civil Liability.

      When the civil action has been exerted, the acquittal or conviction will be considered for source and provide the repair of damages or compensation.

Fourth Section

Record of the hearing

      Article 423.- Way.

      The completion of the hearing, shall issue a certificate, which shall contain:

     1.- The place and date, with indication of the start time and end time, as well as suspensions and resumptions;

     2.- The mention of the judges, and of the parties;

     3.- The personal data of the accused;

     4.- The personal data of the witnesses, experts and interpreters and the reference of the read documents, and the records are ordered by the President, at the request of the parties;

     5.- Applications and decisions made in the course of the trial and requests the end of the parties;

     6.- The observance of the formalities essential, specifically if it was publicly available or was excluded advertisement, in whole or in part, with mention of the reasons for the decision;

     7.- Other particulars provided for by law or by the president order, even at the request of the other persons involved;

     8.- The penalty and the operative part of the judgment;

     9.- The proof of the reading of the judgment or of its continuance; and

     10.- The signature of the judges and the rapporteur's secretary.

      Article 424.- Value of the records.

      The act and the recordings will demonstrate, in principle, the way as it developed, the judgment, the observance of the formalities laid down for him, the people have spoken and the actions that were carried out.

     The lack or insufficiency of the statements provided do not occur by itself a reason to challenge the judgment. However, it may prove a statement that is missing or its falsehood when it is necessary to demonstrate the defect which invalidates the decision.

TITLE XI

SPECIAL PROCESSES

Chapter I

PROCESSES IN TIME OF ARMED CONFLICT

      Article 425.- Procedure.

      The processing of the processes in the Theaters of Operations, should be subjected to the rules established for the regular process in everything that applies to you.

      Article 426.- Rules

      In these processes, observe the following rules:

     1. The defendants will remain detained

     2. The statement of the accused, will be no interval one as soon as possible, but always separately.

     3. The statements of the witnesses and the recognition that these are verified to identify persons who are arrested, they will be recorded in short act, which subscribe to these, and on the witnesses as they declaring autorizándolas, finally the Judge, Prosecutor and Registrar.

     4. When you attend several witnesses, is only allocated a headcount of the statements of the most important.

     5. The Criminal Prosecutor, Military Police, if they believe need to be able to confront witnesses with each other, or some of these with the defendant.

     6. When you can't be obtained immediately the sheet of services or book of the defendants, will be supplied with statements or reports of the Managers about the behavior and background of those; and

     7. In case of injury, do not wait for the result of the medical examination for the continuation of the cause, provided that it would not be of absolute necessity to the qualification of the offence.

      Article 427.- Practice due diligence

      In the judgment referred to in this Title, not be performed due diligence out of the place in which you do the actions, but when this is easy, and it requires so essential to deciding on the guilt or inculpabilidad of the defendant.

      Article 428.- Diligence in places besieged

      In the squares besieged or blocked, or naval forces isolated will not be suspended in any case the continuation of the trial by reason of proceedings that are not able to act in the place.

      Article 429.- Regular process

      The Criminal Prosecutor, Military Police, if he found out that the crime should not be subject to the process outlined in this Title or that can't be clarified the facts, ask the Judge to cause to follow by the formalities of the ordinary process.

      Article 430.- Deadlines

      The process outlined in this Title, shall have the following deadlines:

     1. The research school will have a maximum duration of ten days, without extension.

     2. Made the prosecution prosecutor, the defense shall review the indictment and submitted within twenty-four hours.

     3. The Oral proceedings will be initiated no sooner than two days and no later than four days, from receipt of the Indictment of Prosecutor

     4. The Hearing, shall be without interruption, and can be suspended only by a day.

     5. The judgment may be impeached in the same act of reading or in the period of a day.

Chapter II

ABBREVIATED PROCEDURES

First Section

Entire Agreement

      Article 431.- Admissibility.

      During the preparatory stage, you will be able to apply the expedited procedure when:

     1.- The accused admits to the fact that is attributed to him, and consents to, the application of this procedure,

     2.- The prosecutor and the complainant manifested their conformity, and

     3.- The penalty agreed not to exceed three (3) years imprisonment, or try another sentence.

     The existence of co-accused does not prevent the application of these rules to any of them.

      Article 432.- Processing and Resolution.

      The parties will request in whole the application of the expedited procedure and be credited at the hearing, the compliance of the requirements of law.

     The Criminal court Judge, and Military Police will summon hearing to the parties. Will check the validity of the consent of the defendant, and his full knowledge of the scope of the omission of the trial. You will hear the actor civil, their reasons will be serviced by the Room, but their opinion will not be binding.

     At the hearing, the judge will require the parties to merge their claims and issue the appropriate decision.

     May acquit the accused if given to the fact a different legal qualification.

     If convicted, the penalty imposed may not exceed the agreed upon by the parties, without prejudice to the application of a minor or other penalty.

     The judgment shall contain the requirements provided for in this Code, although so succinct.

      Article 433.- Inadmissibility.

      When the judge finds that the agreement does not comply with the legal requirements, located to the Criminal Prosecutor, Military Police to continue the procedure according to the step of ordinary.

     In this case, the Criminal Prosecutor, Military Police may not solicit in the process, worth more than twice that required in the abbreviated procedure. The admission of facts by the accused may not be considered as an acknowledgment of guilt.

Second Section

Partial Agreement

      Article 434.- Admissibility.

      In the hearing of the control of the prosecution, the parties may agree only on the facts and ask for a judgment on the guilt and penalty. This request will rise directly to the Room of the Territorial Council Military Police and will contain the description of the event agreed and offering evidence for their determination, as well as the evidence that the parties consider relevant for the determination of the penalty.

      Article 435.- Integration of the Hall of the Territorial Council Military Police.

      When appropriate the partial agreement, whether by reason of the sentence, it is competent to the senates, for the purposes of this procedure will be integrated only with one of its members.

      Article 436.- Procedure.

     The Room, shall summon the parties to a hearing to verify the compliance with formal requirements, to discuss the rating, and accept or reject the proof.

     Governed by the provisions relating to the hearing of the summary procedure for complete agreement, the rules of the court trial and the sentencing.

Chapter III

PROCEDURE FOR COMPLEX ISSUES

      Article 437.- Origin and Processing.

      When the processing is complex because of the multiplicity of facts, the high number of defendants or victims, or being serious crimes, at the request of the Military Prosecutor, the Police, the judge may authorize the application of the special rules provided for in this Title.

     The authorization may be revoked, at the request of those who consider your rights affected by the procedure.

      Article 438.- Deadlines.

      Once authorized this procedure, you shall produce the following effects:

     1.- The normal period of preventive detention will be extended up to a maximum of three years;

     2.- The agreed deadline for completion of the investigation high school will be a year and to extensions of one year each;

     3.- The deadlines for the parties to perform any action, and those which set a particular time for the hearings, will be doubled.

     4.- When the length of the debate is less than thirty days, the maximum term of the discussion will be extended to three days and the judgment to ten. When the length of the debate is greater, these time limits shall be ten and twenty days, respectively;

     5.- Time limits challenge is duplicated; and

     6.- The term authorized for the partial reserve of performances will be extended to thirty days.

      Article 439.- Production of Test Mass.

      When you try a case with a large plurality of victims or will be essential to the interrogation of more than twenty witnesses, the Criminal Prosecutor, Military Police may request the Prosecutor immediate superior, who are allowed to one or more tax alternates to conduct interrogations.

     These officials shall record the interrogation and shall submit a report summarizing objectively statements. This report may be introduced into the debate by reading or by the declaration of the official.

     Without prejudice to the above, the defendant may require the presentation in the judgment of any of the interviewees.

Chapter IV

PROCEDURE FOR THE APPLICATION OF SAFETY MEASURES.

      Article 440.- Origin.

      When the Criminal Prosecutor, Military Police, or other parts deemed that only corresponds to adopt a security measure, it will ask the judge stating the background and circumstances that motivate the order.

     The presentation of the prosecutor shall meet in the other requirements of the indictment.

     If the Criminal court Judge, Military Police believes that it is attributable, will direct the application of the ordinary procedure.

TITLE XII

CONTROL OF THE JUDICIAL DECISIONS

Chapter I

GENERAL RULES

      Article 441.- As A General Principle.

      Court decisions will only be challengeable in the cases, for the reasons and under the conditions established by this Code.

     The right to challenge a decision will correspond only to the Criminal Prosecutor, Military Police and other parties to the proceedings.

     The parties may challenge the judicial decisions that cause harm.

      Article 442.- Accession.

      Who has the right to appeal to be able to accede, within the period of the placement, to the brought by either of the parties, provided that expresses the reasons on which it is based.

      Article 443.- Decisions during the Hearings.

      During the hearings shall be permissible only to the replacement cost, which shall proceed against the decrees of mere formality and will be resolved immediately.

     Your approach will mean the reserve to contest the judgment.

      Article 444.- Extension.

     When there are coimputados the challenge had been filed by one of them will also give to others, unless that is based on reasons purely personal.

      Article 445.- Suspensive Effect.

      Court decisions will not be executed during the time for challenging, and while it is processed, the instance of control, unless otherwise specified.

      Article 446.- Withdrawal.

      The parties will be able to opt-out of the objection, without prejudice to the right of the remainder, except in the case of accession, which shall not prosper.

     The defender will not be able to opt-out of the resource without the express consent of the accused person.

      Article 447.- Competition.

      The Room to whom it may concern the control of a decision of a court, shall have jurisdiction with regard to the points that motivate the grievances, except the control of constitutionality.

      Article 448.- Reform in Prejudice.

      When the resolution has been contested only by the accused, it shall not be altered to their detriment.

     The challenge deduced by any of the parties, to modify or revoke the resolution in favor of the defendant.

Chapter II

DECISIONS CHALLENGEABLE

      Article 449.- Decisions Challengeable.

      May only be challenged by the final judgments, the dismissal, the application of precautionary measures, the denial of the application of the suspension of the process to the test, and the shortened procedure.

      Article 450.- Case dismissed.

      The dismissal may be challenged for the following reasons:

     1.- When you run out of motivation enough, is based on an erroneous assessment of the evidence or omit the consideration of vital evidence;

     2.- When you have been unnoticed or erroneously applied a legal precept.

      Article 451.- Conviction.

      The judgment of conviction may be challenged for the following reasons:

     1.- When alleging the non-observance of a precept or warranty constitutional or legal;

     2.- When it has been erroneously applied the criminal law;

     3.- When you run out of motivation enough, or it is contradictory, illogical or arbitrary;

     4.- When they are based on evidence of illegal or incorporated by reading the cases that are not authorized by this Code;

     5.- When you have omitted the valuation of a litmus test or valued test non-existent;

     6.- When you have not observed the rules relating to the correlation between the prosecution and the sentence;

     7.- When non-compliance with the essential requirements of the judgment;

     8.- When any of the assumptions that permit the review of the judgment.

      Article 452.- Acquittal.

      The acquittal may be challenged for the following reasons:

     1.- When alleging the non-observance of the right to judicial protection of the victim;

     2.- When it has been erroneously applied the law;

     3.- When the sentence lacks sufficient motivation, or it is contradictory, illogical or arbitrary; and

     4.- When non-compliance with the essential requirements of the sentence.

      Article 453.- Recasting of Sentences.

      The judicial authority which pronounced the judgement more severe refundirá the sentences in the cases provided for in this Code by applying the procedure of the incidents.

      Article 454.- Legitimation of the accused.

      The accused may challenge the judgment of conviction, the application of a precautionary measure, the denial of the suspension of the trial to test and procedure-abbreviated.

      Article 455.- Legitimation of the Victim and the Actor Civil.

      The victim may appeal against the dismissal, provided that it has requested to be informed.

     The complainant may appeal against the acquittal, absolution and the sentence when the sentence is less than half of the penalty sought.

      Article 456.- Standing of the Attorney.

      The Criminal Prosecutor, Military Police, so founded, you must challenge the judicial decisions in the following cases:

     1.- The dismissal,

     2.- The sentence of absolution,

     3.- The sentence if the sentence was less than half of the penalty sought.

      Article 457.- Interposition

      The challenge will be lodged in writing duly informed, before the same body that issued the decision within the period of five days in the case of sentence, three days for the application for an injunction and for two days in all other cases.

     If otherwise indicated more than one reason challenge, it should be expressed separately for each reason with its fundamentals.

     When the court is going to resolve in grade having its headquarters in a different place, the part you need to fix with precision the mode to receive communications, within the headquarters location of the Room.

     The challenger must accompany the copies required for the transfer to the other parties.

     In any case, the Council of senior Military Criminal Police may reject the appeal to formal defects. When they are warned, you will need intimarse who filed for within 5 days will be corrected, under penalty of inadmissibility.

      Article 458.- Test

      If the challenger require the production of proof, the offer along with the notice of appeal, pointing out in a practical way, the fact that you are trying to prove.

     The Superior Council of the Military Police, you can't give different probative value to the evidence that was the subject of immediacy for the Room which made the judgment; unless its probative value is questioned by new evidence offered and performed the procedure on the resource.

      Article 459.- Location

      Made to the objection, the body which issued the contested decision sited stakeholders to answer or to adhere to the resource and establish residence in the radio city within five days.

     Within that term, the parties involved must also set the mode of receiving communications.

     The expiration of that period it shall forward the proceedings to the Court of competent jurisdiction.

      Article 460.- Audience

      Within ten (10) days of the receipt of the proceedings, the Superior Council of Military Police will convene a public hearing.

     The hearing shall be held with the parties to appear before him and/or his lawyers, who will discuss orally on the basis of resources. They will be able to expand the foundation or to opt-out of some reasons, but may not introduce new ones, except those provided for the resource review.

     In the audience are the judges will be able to question recurring on the issues raised and their legal foundations, doctrinal or jurisprudential.

     If it has been offered to test, and the Superior Council of the Military Police considered necessary and useful, we will receive at that same hearing. Who has offered test will take charge of the presentation of her in the audience, and the Higher Military Council Police solve only with the evidence that supports and occurs.

     The review of the precautionary measures will be made in oral public hearing and shall be resolved by a single judge of the Superior Council of Military Police.

      Article 461.- Resolution

      The Higher Military Council Police will give a decision within thirty days from the onset of the opening of the hearing.

     If the nullity is partial, will tell you the particular object of the new trial or resolution, as well as evidence that to survive. If the effect of the resolution must stop the imprisonment of the accused, the Superior Council of Military Police ordered directly freedom.

     When the correct application of the law resulting in the acquittal of the accused, the extinction of the criminal action, or it is evident that a ruling is not necessary the realization of a new trial, the Superior Council of Military Police solve directamentesin forwarding.

      Article 462.- Forwarding

      If you are forwarding to a new trial, may not require the intervention of the judges who heard the trial null and void.

     If the forwarding proceeds as a result of an appeal by the accused, in the new trial shall not apply to a sentence higher than that imposed in the first.

     If the new trial gets a second acquittal, this decision will not be susceptible to challenge some of the judgment declared void.

Chapter III

REVIEW OF A FINAL JUDGMENT

      Article 463.- Source

      The review of a judgment is appropriate in all times and only in favor of the condemned, for the following reasons:

     1.- When the facts considered accredited in the verdict inconsistent with those established by other criminal judgment;

     2.- When the judgment contested was founded on documentary evidence or testimony whose falsehood has been declared at fault or later it becomes apparent though there is not a subsequent procedure;

     3.- When a judgment of conviction has been pronounced as a result of prevaricato, bribery, or other crime whose existence has been declared in failure later;

     4.- When after the statement brought new facts or evidence which alone or attached to the already examined in the procedure, make clear that the fact no longer existed, that the accused has not committed, or that the fact committed is not punishable or apply to a standard more favorable;

     5.- When you apply a law that is more benign or there is a change in the case law that promotes the condemned.

     The rejection of the request for review shall not prevent a new order founded on different reasons.

      Article 464.- Legitimation

      May request to review:

     1.- The convicted person or his counsel;
     2.- The Criminal Prosecutor, Military Police in favour of the convicted person;
     3.- The spouse, ascendants or descendants of the offender, if he had died.

      Article 465.- Interposition

      The review request must be submitted in writing to the Superior Council of Military Criminal Police. Shall contain the specific reference of the reasons on which it is founded, and the applicable legal provisions and a copy of the judgment of conviction.

     Along with the written will be offered testing and will be added to the documents.

      Article 466.- Procedure

      For the procedure to be governed by the rules laid down for the challenges, as applicable.

     The Superior Council of Military Criminal Police will be able to provide for all inquiries and proceedings, preparatory schools that they find useful and delegate their execution in any of its members.

      Article 467.- Resolution

      The Superior Council of Military Criminal Police may declare the nullity of the judgment by referring to a new trial when the case requires it or pronounce it directly in the final judgment.

     When the judgment is absolving or declare the extinction of the criminal action shall be ordered to the freedom of the accused, the restitution of the fine paid and the return of the seized objects.

     The new sentence shall take office the compensation in favour of the convicted person or his heirs.

BOOK FOURTH

CRIMINAL ENFORCEMENT

(*) In accordance with the Fourth Additional Provision Transient, Final and Derogatory of the Legislative Decree No. 1094published on 01 September 2010, lto Procedural Part contained in the Third Book of the same Code, with the exception of articles 312 to 316 as well as the Book Room on Criminal Enforcement, effective 1 January 2011.

TITLE I

PRELIMINARY PROVISIONS

      Article 468.- Legality.

     Execution of the sentence of imprisonment shall be developed with the guarantees and limits established in the Political Constitution of the State, the international instruments ratified by the Peruvian State, the present law, the regulations, the military police, as well as the judgment of a court. The actions that contravene these provisions are null, and its authors shall incur liability in accordance with the legislation in force.

      No one will be able to enter a Detention Centre in the capacity of detainee without the order of a competent judge.

      Article 469.- Right of Defence.

     The person deprived of liberty is guaranteed the right of defense during the judicial process and in the execution of the penalty.

      Article 470.- Principle of Equality.

     It is prohibited any form of discrimination in a Detention Facility for Military Police by reason of nationality, age, sex, race, religion, economic or social conditions, legal status, military grade, or law enforcement, or other.

      Article 471.- Control in the execution of the penalty.

      The whole sentence is executed under the strict control of the Military Judge, the Police in charge of the execution, who will verify the compliance of the sentence, the prison system, as well as the conditions of detention. The control of the conditions of detention and the prison regime of the processing, you will be in charge of the Military Judge to the Police.

      Article 472.- Principle of humanity penalties

      The Judge Military Police in charge of the execution, may order the enforcement of the penalty in the address point of the convicted person, in the event that it were more than sixty-five years or who is seriously ill. The measure will run under the appropriate security measures.

      Article 473.- Retroactivity benign

      Retroactivity and the interpretation of the rules of execution of punishment contained in the present Code, it is resolved in the most favorable to the internal.

      Article 474.- Community Participation.

      For the fulfillment of its purposes, the prisons Military Police should promote the collaboration and participation of entities engaged in activities of social, religious, educational, work, or any activity that contributes to the rehabilitation of the inmate. Such entities must be authorized by the Head of the Detention Centre concerned.

      Article 475.- Execution of a sentence.

      The convictions may only be executed when they have the character of res judicata.

TITLE II

RIGHTS and OBLIGATIONS OF THE INTERNAL

Chapter I

Rights

      Article 476.- Internal .

     It is called internal, for purposes of this Code, all military or police who is deprived of freedom in a Detention Centre, in a condition to be prosecuted or sentenced.

      Article 477.- Rights.

      The internal during their deprivation of liberty, may exercise all the rights and powers granted to it under the law, recourse to the competent judge or the Head of the Detention Centre, when deemed appropriate.

      Article 478.- Enumeration

      Inmates have the right to:

     1. Be called by your grade and name;

     2. Medical assistance;

     3. Daily rest period which must not be less than eight hours during the night;

     4. Access to information;

     5. Internal and external communication in accordance with the Rules of the Detention Centre Military Police;

     6. Freedom of religion;

     7. Visit;

     8. Visit intimate

     9. Develop work activities that are not disturbing or risky;

     10. Access to education programs and to develop sports and cultural activities.

     11. To communicate to his family or lawyer within 24 hours, your income or transfer to a detention facility for military police

     The enumeration of the rights established in the present article, we do not exclude others that the Constitution, international instruments, and the national legal framework guarantees.

      Article 479.- Right of the woman

      The woman is deprived of liberty have the right to remain in the Detention Facility for Military Police with their children, until they turn 3 years of age, in which shall be delivered to the family that appropriate, in accordance with the laws of matter.

      The prisons Military Police for women, must have adequate physical space for the care of children.

Chapter II

Of the obligations

      Article 480.- Obligations of the internal

      All internal has the following obligations:

     1. Respect the laws and regulations of the Detention Centre;

     2. Respect to the staff of the Detention Centre, the rights of the other inmates, and all those people with whom to relate.

     3. To comply with the provisions, within the framework of the law, received from the authorities of the Detention Centre;

     4. Respect, for the presentation of your requirements or efforts to the procedure established in the Regulations of the Detention Facilities;

     5. Keep your cell clean and tidy, as well as contribute to the maintenance of order and cleanliness of the common areas;

     6. Attend to the subpoenas that were formulated by the authorities of the legislative, judicial, Public Ministry, police and other administrative.

     7. To comply with the established schedule for the visits and consumption of food.

TITLE III

ENFORCEMENT OF SENTENCES

Chapter I

Of the Death Penalty

      Article 481.- Isolation of the convicted person

      The condemned to the death penalty will be isolated in the Center of Detention of Military Police. Judgment, in the last instance, the Head of the Detention Centre shall provide the convicted person with the aid of religious needs, as well as the means necessary to grant testament and other facilities consistent with their situation.

      Article 482.- Designation of place and date

     For the execution of the death penalty, the General Command of the Military Unit or Police, or the Commander of the Theater of Operations, shall designate the place, day and hour.

      Article 483.- Notification of the execution.

      The Military Judge, Police enforcement shall notify the offender of the date of execution of the death penalty in the Detention Facility for Military Police.

      Article 484.- Execution of the death penalty

      At the designated time, the convicted person shall be conducted by a picket at the site of the execution. In front of the picket executor will bind up the eyes and you will be immediately executed.

      Article 485.- Implementation of more of a convicted

      When for the same offense to be run on more of a condemned executions will be simultaneous, will be in effect, a picket line for each sentenced. Only one Officer was sent to the fire for all executions.

      Article 486.- Verification of the death

      Carried out the execution, the Officer shall execute the coup de grace. The body will be handed over to their relatives, if requested, a ban on all pomp in the burial.

      Article 487.- Certification

      The Judge Military Police in charge of the execution will extend the minutes of the diligence, adding the medical certificate attesting to the death, and send it to register the death certificate, which a certified copy will be added also to the cars.

Chapter II

Sentences Limiting of Rights

      Article 488.- Degradation

      The degradation sentenced to death penalty and life imprisonment, that is executed when the judgment acquires the quality of res judicata.

      Article 489.- Act of degradation

      The act of degradation, will attend a section of troops or police to guard the convicted person stated in the order general question.

      Article 490.- Proceedings of the degradation

      For the degradation, the condemned will wear, dress uniform, or its equivalent. If it's Official, one of the soldiers or police officers will carry his sword. The convicted person will be placed at the front of the troop or police officers and the commander will send to put the weapons on the shoulder.

     The Criminal court Judge, and Military Police will send you to read the judgment by the clerk of the court and then, addressing the convicted, pronounced in a loud voice, ' Grade and name, are ye unworthy to carry weapons; in the name of justice and the nation's os degradation”.

     If the gradient is Official, who is in command of the picket line shall remove the garment of the head, it will boot to the gallon, and buttons, and will break his sword. If this is not Official, you will start gallons and buttons.

      Article 491.- Expulsion

      Imposed the penalty of dismissal, the judge in the case, he shall forward a certified copy of the judgment to the General Command or Direction General of Police, who shall arrange for the execution of administrative acts necessary for the expulsion, until the publication in the General Order in question.

      Article 492.- Temporary separation, or absolute service

      Imposed the penalty of temporary separation, or absolute, the judge in the case, he shall forward a certified copy of the judgment to the highest authority in the Armed Institute or National Police as appropriate, who shall arrange for the execution of administrative acts necessary to proceed with the temporary separation, or absolute of the convicted person.

Chapter III

Penalty involving Deprivation of Liberty

      Article 493.- Custodial sentence

      The penalty of imprisonment shall be served in the prisons Military Police.

      Article 494.- Remission of testimony and conviction records

      Within seventy-two hours of the sentencing, the Judge or the Criminal court Military Police ruled the cause, it shall refer the testimony of condemnation of the Detention Centre and the Central Register of Convictions of the Superior Council of the Military Justice Police, for the corresponding record.

      Article 495.- Purpose of the Sentence of imprisonment

     The sentence of imprisonment has as its object the re-education, rehabilitation and reintegration of the sentenced to the society.

      Article 496.- Diagnosis and location

     In the prisons Military Police will carry out the assessment of the internal through a multidisciplinary team, with the aim of defining its location in the Center and establish a plan of care for the procedure.

     The Study was carried out in a maximum of eight (8) calendar days of their admission to the Center. The assessment and diagnosis includes, among others, the following aspects:(*) GRINDING ERRATA

     1. Situation of physical and psychological health;

     2. Personality;

     3. Socio-economic situation;

     4. Legal status.

      Article 497.- Treatment

      The care plan will be individualized or group and will consist in the assignment of work activities or educational, that allow the internal assume the values and principles of the military life, police and social. This activity can be supported by psychologists, servers, social and other health professionals. The intern will be able to actively participate in the planning and execution of your treatment.

      Article 498.- Report of treatment.

      Every six months, the professionals in charge of the plan of care of the internal, issued a report that contains a description of the activities carried out and the results obtained.

TITLE IV

PRISON BENEFITS

Chapter I

Exit permit

      Article 499.- The benefit of departure

      The intern will be able to get the benefit out of the Detention Centre, up to a maximum of seventy-two hours, to attend events of extreme urgency or necessity, prior authorization of the court Military Police in charge of the Execution of competent jurisdiction, in the following cases:

     (a) Death or serious illness verified by a spouse or cohabiting partner, parents, children or siblings of the internal.

     (b) .The birth of children of the internal

     c) take steps personal, of extraordinary character, that requires necessarily the presence of the inmate in the place of the management.

     Exceptionally, and for cases that could not wait, this benefit may be granted by the Head of the Detention Centre, giving account to the Judge of the process and take the necessary measures in custody, under his responsibility.

Chapter II

Redemption penalty

      Article 500.- Redemption Penalties.

     The intern will be able to redeem the penalty of deprivation of liberty for work or study. The redemption penalty will be applied at the rate of one day for each two days of work or education. This benefit is not cumulative when the activity or job of education is carried out simultaneously.

      Article 501.- Exceptions.

      Not be able to enjoy the benefit of the redemption of sentences, that domestic who commits the crime of evasion and cooperation evasion, crimes which affect the assets of the Armed Forces and National Police, the crimes that affect the resources allocated to the national security and defence.

Chapter III

Prelibertad

      Article 502.- Prelibertad.

      The prelibertad is the phase of preparation and the relationship of the house with her family and community, with the aim of achieving gradually their rehabilitation. You will be able to access after the fulfillment of the two-thirds of the sentence.

      Article 503.- Outputs and Transitional Benefits.

      The Judge Military Police in charge of the execution, may be granted to the internal that is in phase prelibertad, the following benefits:

     a) exit Permits the weekend, in which case, egresará Center on Saturday to eight hours, and return on the Sunday before the twenty hours; or,

     b) Output daytime permanent from the seven hours, with the obligation to return to the Center to spend the night before twenty hours;

      Article 504.- Granting of the benefit

      To grant the benefit of prelibertad it will be necessary to have a favourable report issued by the professionals in charge of the plan of care. The Judge in charge of execution, having seen prosecutor, shall be granted the benefit, by establishing certain rules of conduct.

      Article 505.- Revocation

      The Judge Military Police in charge of the execution, revoke the prelibertad ex officio or at the request of the Head of the Detention Centre, in the case of a new conviction for intentional crime or for a violation of rules of conduct. In this latter case, the Judge previously will require your compliance, under penalty of revocársele the benefit.

     In the case of revocation for conviction for intentional crime, the person convicted shall serve the sentence pending execution at the time of obtaining the benefit. In the case of a revocation for breach of the rules of conduct, will be the time that the internal joy of the benefit.

Chapter IV

Probation

      Article 506.- Probation

      The conditional release is granted to the convicted who has served half of the sentence, provided that you do not have pending process with a term of detention.

      Article 507.- Requirements.

      For the grant of probation shall comply with the following requirements:

     (a) Evidence of having developed activities to work or study in the Centre of Detention, which must contain the computation of redemption;

     (b) That has been observed to be of good conduct;

     c) Which has the purpose of developing any work activity or educational in freedom;

     d) favorable Report issued by the professionals in charge of the care plan of the convicted person; and

     e) police Certificate confirming place of residence.

      Article 508.- Procedure.

      The Head of the Detention Centre, should be a file with the documents mentioned in the foregoing article, and submit it to the Judge Military Police in charge of the execution of the penalty. The court will,on view tax,within three days shall be resolved by granting or denial of the benefit. In this latter case, the inmate may lodge an appeal to the superior, who must decide in the same period.

     If the request is denied, the convicted person will not be able to renew your application prior to the expiration of three months from the rejection, unless it is founded on the breach of the minimum time to access the benefit, or in the omission of a formal requirement.

      Article 509.- Revocation.

      The benefited with the probation must report their activities to the judge every thirty days. To be absent from the town, you must ask the judge for permission

     The Judge Military Police in charge of the execution, revoke probation in the case of a new conviction for intentional crime or for a violation of rules of conduct. In this latter case, the Judge previously will require your compliance, under penalty of revocársele the benefit.

     In the case of revocation for conviction for intentional crime, the person convicted shall serve the sentence pending execution at the time of obtaining the benefit. In the case of a revocation for breach of the rules of conduct, will be the time that the internal enjoyed the benefit.

TITLE V

GENERAL BUREAU OF PRISONS MILITARY POLICE

      Article 510.- General bureau of prisons Military Police.

      The General Bureau of prisons Military Police is the body responsible for the planning, organization and coordination of the prison policy in the prisons Military Police of the Institutes and Armed National Police. It has function of oversight of such Facilities and depends on the Superior Council of Military Criminal Police.

TITLE VI

OF THE PRISONS MILITARY POLICE

CHAPTER I

Organization of places of Detention

      Article 511. Places of Detention

      The prisons Military Police are dependencies of the Institutes and Armed National Police. They are destined to the detention of its members detained temporarily by a court order or for the enforcement of sentences of imprisonment.

     Each Armed Institute and National Police shall assign the necessary infrastructure to the Centre of Detention, ensuring its maintenance, logistics, security, and personnel allocation. Detention Facilities should have the minimum conditions of habitability and basic services.

      Article 512.- Authorities of the Detention Centre.

      Each Detention Facility, a Military Police will have a Center's Chief, a Deputy chief and a number of heads of security and staff necessary to ensure the operation and security of the establishment. The functions and requirements to take on such charges, shall be determined by the respective Regulations.

CHAPTER II

Of the prisons Military Police

      Article 513.- Classification.

      The prisons Military Police sectorizan in:

     a) Sector to be Prosecuted and Sentenced; and,

     (b) Sector for Women.

     The creation and closure of Detention Facilities, Military Police will be decided by each Armed Institute or National Police, according to your needs.

      Article 514.- Prisoners of War.

      The prisons Military Police can be used in time of war for the detention of prisoners of war, to go to a specific sector.

      Article 515.- Exception.

     In the event that there are not facilities designed exclusively for women, and processed, will be held in the existing Centers, assigning them to special sectors separated.

TITLE VII

DISCIPLINARY REGIME

Chapter I

Of the Offenses and Penalties

      Article 516.- Disciplinary Regime.

      The disciplinary regime aims to ensure the security and orderly coexistence in the prisons Military Police. Any internal will play function or any service involving the exercise of disciplinary powers.

      Article 517.- Disciplinary Authority.

      The disciplinary authority in the prisons Military Police will correspond exclusively to the authorities of the Centers.

      Article 518.- Disciplinary Offenses

      Inmates will be punished only in the following cases:

     Disciplinary minor.

     (a) any lack of respect due to the authorities, officials and employees of prisons Military Police;

     b) the Use of profanity or slanderous in dealing with another inmate or other person within the Centre;

     c) Cause material damage minors to the premises or property of the Centre;

     d) Cause minor damage to the belongings of another person;

     (e) to Resist or disobey the orders of the authority or officer in the exercise of his office;

     (f) Violate the provisions on accommodation, hygiene, toilet, schedule, visits, communications, transfers and records;

     (g) Transit, or stay in prohibited areas of the Facility without proper authorization.

     A serious disciplinary offense:

     (a) Participate in or abet in riots, strikes or disorders collective;

     (b) to Resist violently the fulfilment of orders of the authority or officer in the exercise of his office;

     (c) Possess or consume alcoholic beverages, drugs or narcotic drugs;

     d) Possession of weapons, explosives and other prohibited items set out in the Regulations;

     (e) Possess cell phones or other communication objects or electronics of any kind;

     f) physically Assaulting any person who is in the Center;

     (g) Cause serious damage to the Centre;

     (h) Cause serious damage to the belongings of another person;

     i) Try to escape from the Center;

     j) The repetition of two misdemeanors in a period of six months.

      Article 519.- Sanctions for Minor offences.

      In cases of minor misconduct, may only be imposed the following sanctions:

     (a) written Reprimand;
     (b) Restriction of exit permits for a period of not more than sixty (60) days;
     (c) Prohibition to participate in the entertainment, for a period of fifteen (15) days;
     d) Restriction of general visit or visit intimate for a period of not more than fifteen (15) days.

      Article 520.- Penalties for Serious Offenses.

      In cases of serious misconduct, may only be imposed the following sanctions:

     (a) Restriction of exit permits for a period not greater than one hundred twenty (120) days;

     b) Deprivation of recreational activities for up to thirty (30) days.

     c) Isolation cell for a period not to exceed thirty (30) days. The sanction of insulation shall be not more than 45 days, when the disciplinary offence is committed within the validity period of a sanction previous isolation;

     d) Restriction of visiting general and intimate visits for the term of thirty (30) days.

Chapter II

Procedure for Imposing Sanctions

      Article 521.- Start of the procedure

     The inmate who is charged with the commission of a disciplinary offence mild or severe, will be subject to an administrative procedure that guarantees due process. The procedure is initiated ex officio or following a complaint from the aggrieved.

      Article 522.- Disciplinary procedure

      Received the complaint or to take cognizance of the fact, the Center's Chief Military Police, within three days, you will hear the internal supposedly offender and the complainant, if any. The internal investigated shall be guaranteed the right of defense.

     The Head of the Centre will serve the evidence that it considers necessary for the clarification of the facts, and shall be resolved within five days.

      Article 523.- Criteria for determining the punishment

      For the application of disciplinary sanctions should take into account the nature and characteristics of the offence, the severity, and the sincere confession and the repair of spontaneous damage.

      Article 524.- Requirements of the resolution

      The resolution issued by the Head of the Center shall contain the identification of the inmate to whom was attributed the commission of the disciplinary offence, the description of the facts, the evidence, which are the basis of liability or innocence of the investigated and the penalty to the internal when appropriate. In this last case, it shall be referred to the date of start and completion of the sanction.

      Article 525.- Remedies.

      1. Applicable for reconsideration of a disciplinary sanction, which must be addressed to the authority which imposed the penalty, within a period of twenty-four (24) hours of notification of the respective resolution. The appeal must be resolved within forty-eight (48) hours.

     2. Against what solved is the Appeal which shall be submitted to the authority that received the appeal within twenty-four (24) hours. The appeal shall be determined by the Military Judge, the Police in charge of the execution, who resolved within forty-eight (48) hours. Against it resolved by the Judge is not appropriate recourse.

      Article 526.- Coercive measures of an Emergency.

      In cases of urgency, in order to reestablish order and security in the Detention Centres, can be used coercive measures, in accordance with the principles of rationality, proportionality and necessity. The measures shall be authorized only by the Head of the Detention Center Military Police or whoever.

     The Head of the Detention Centre Military Police have to make use of the coercive measures shall immediately inform the Military Judge, the Police in charge of the execution, informing him of the reasons for its decision.

SUPPLEMENTARY PROVISIONS

      First.- In a period no greater than one hundred eighty (180) calendar days, counted from the publication of this Code, the Ministry of Defence and the Ministry of the Interior shall submit separately the draft law to the Council of Ministers, regulate or reform the administrative schemes disciplinary corresponding, having as a main objective is to improve the efficiency and image of the institutions of the military and police.

      Second.- The Armed Forces and National Police of Peru, from the force of the present law, have the obligation to disseminate and educate about the principles established in the same, all of his staff, in its various levels of education, training and specialization of military police.

FINAL PROVISIONS

      First.- This Code shall enter into force on the day following its publication in terms of the General Part and Special; and in one year, counted from the day following that of its publication(*) GRINDING ERRATAin regard to that Part of the proceedings, and Criminal Enforcement.

      Second.- In all that is not foreseen in Book III Procedural Part of this Code, the Judges, Courts and Prosecutors, Military Police, shall apply the provisions of the Penal Code, approved by Legislative Decree No. 957. The Code of Criminal Procedure, shall be deemed effective only for the purposes statements provided for in Article XIV of the Preliminary Title, regardless of the period of vacatio legis of the abovementioned legal body.

      Third.- Crimes against the International Humanitarian Law will be judged by the Subsystem of Justice specialized to that effect shall constitute the Judiciary, according to the unity and exclusivity of the judicial function provided by the Political Constitution of Peru. While not constituting this Subsystem specialized, will be known by the organs provided for in this Code.

      Fourth.- The offences referred to in Chapter I of Title XVI of the Second Book of the Penal Code, does not apply to members of the Armed Forces and National Police who commit these illegal in the exercise of his function, and in the act of service.

      Fifth.- Are repealed all provisions that contradict the validity of the present Code.

TRANSITIONAL PROVISIONS

      First.- The judicial proceedings that are pending, under the Code of Military Justice, 1980, and their modifications, shall be concluded in accordance with that regulation, as well as the procedure and execution set on it.

     While not enter into force, the procedural rules of the present Code, the claims filed or brought to the knowledge before the Criminal court Military Police, will be referred to Prosecutors, Criminal, Military Police, who shall apply the provisions of the Organic Law of the Public Ministry that apply to you.

     The Judges are Military Police, as soon as they receive complaints shall dismiss the complaint or open statement to its culmination, following the rules of the Military Justice Code of 1980.

      Second.- The Executive Power, in a period of 120 days shall be issued by the Implementing Regulation Military Criminal Police, who set the regimen of life in the prisons Military Police and other provisions contained in this Code, relating to the execution of the penalty.

TABLE OF AMENDMENTS TO THE CODE OF MILITARY JUSTICE, POLICE

ARTICLE AFFECTED AFECTACION LEGAL DATE PUBLICATION Art. 68 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 70, inc. 1 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 70, inc. 4 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 75, end:"and that threaten the integrity, independence, and power unit of the state" DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 82, end: “shall be sentenced to imprisonment for a term not exceeding four years and sixty to one hundred and eighty days-fine.” DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 90 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 91 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 92 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 93 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 95 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 96 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 97 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 98 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 99 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 100 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 101 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 102 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 103 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 115 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 116 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 117 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 121, 1st. paragraph, end: “causing minor injuries”. DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 121, inc. 1, end: “or if they cause serious injury to the higher.” DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 121, inc. 2, end: “or if he causes the death of the superior”. DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 123, end: “coerce, insults or defames, in word, in writing or by advertising a higher” DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 125 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 130, inc. 1 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 130, inc. 2, end: “or cause death.” DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 134 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 139, inc. 1 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 139, inc. 2 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 140 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 141, inc. 1 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 141, inc. 2 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 142 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 143 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 144 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 147 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 148 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007 Art. 149 DECLARED UNCONSTITUTIONAL by the Resolution 1 of the Full Court of the Constitutional Court Record N° 0012-2006-PI-TC 08-01-2007

     ERRATA

     Date of Publication: 20-01-2006


     In the Single Article of Legislative Decree No. 961

     SAYS:

     “Article One.-Apruébase the Code of Military Justice, Police, the text of which form part of this Legislative Decree, and which consists of four books, five hundred and twenty-six articles, two Complementary Provisions, five Final Provisions and two Transitional Provisions:”

     YOU SHOULD SAY:

     “Article One.-Apruébase the Code of Military Justice, Police, the text of which form part of this Legislative Decree, and that consists of a Preliminary, four books, five hundred and twenty-six articles, two Complementary Provisions, five Final Provisions and two Transitional Provisions”

     ERRATA

     Date of Publication: 20-01-2006


     In the Index to the Code of Military Justice, Police

     SAYS:

     TITLE VI

     CRIMES OF VIOLATION OF THE FUNCTION OF PROTECT THE WAR MATERIAL AND THE POLICE

     YOU SHOULD SAY:

     TITLE VI

     CRIMES OF VIOLATION OF THE DUTY MILITARY POLICE

     ERRATA

     Date of Publication: 20-01-2006

     In Article XIV of the Preliminary Title of the Code of Military Justice, Police

     SAYS:

     “In case of empty or default of this law, shall be of supplementary application of the rules of the general part under the Criminal Code, (...)”

     YOU SHOULD SAY:

     “In case of empty or default of this Code, shall be of supplementary application of the rules of the general part and special foreseen in the Criminal Code, (...)”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 7 of the Code of Military Justice, Police

     SAYS:

     “1. Question of behaviors that affect the legal property of the Armed Forces or the National Police, (...)”

     YOU SHOULD SAY:

     “1. Question of behaviors that affect the Armed Forces or the National Police, (...) “

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 27 of the Code of Military Justice, Police

     SAYS:

     “The imprisonment of less than two years to produce (...) “

     YOU SHOULD SAY:

     “The sentence of imprisonment for less than two years to produce (...)”

     ERRATA

     Date of Publication: 20-01-2006


     Article 28 of the Code of Military Justice, Police

     SAYS:

     “1.- The absolute separation of the service will pass to the military situation of the withdrawal of the sentenced; and the temporary separation of the pass to the military situation of availability during the time of the conviction:”

     YOU SHOULD SAY:

     “1.- The absolute separation of the service will pass to the military situation or police retirement sentenced; and the temporary separation of the pass to the military situation, or law enforcement availability during the time of the conviction.”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 48 of the Code of Military Justice, Police

     SAYS:

     “The suspension of the sentence (...) intentional crime, whose prison sentence is higher (...)”

     YOU SHOULD SAY:

     “The suspension of the sentence (...) intentional crime for which the punishment of imprisonment is greater than (...)”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 74 of the Code of Military Justice, Police

     SAYS:

     “The military or police to cause false alarm (...) with a penalty of deprivation of liberty of not less than eight years.”

     YOU SHOULD SAY:

     The military or police to cause false alarm (...) with a penalty of deprivation of liberty of not less than eight years nor more than fifteen years.”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 83 of the Code of Military Justice, Police

     SAYS:

     “The Preliminary Title and the General Part of the Code are applicable to the offences referred to in the present Chapter, with the exception of the special provisions that are set out. In any case, and as appropriate, shall be of supplementary application of the provisions of the Rome Statute of the International Criminal Court and the Elements on international Human Rights law and International Humanitarian Law that the Peruvian State is a party.”

     YOU SHOULD SAY:

     “THE Preliminary Title and the General Part of the Code are applicable to the offences referred to in this Title, with the exception of the special provisions that are set out. In any case, and as appropriate, shall be of supplementary application of the provisions of the Rome Statute of the International Criminal Court and the Elements of Crimes complementary to that Statute, as well as other international instruments on the International Law of Human Rights and International Humanitarian Law that the Peruvian State is a party.”

     ERRATA

     Date of Publication: 20-01-2006


     Article 84 of the Code of Military Justice, Police

     SAYS:

     “The military chief, which it actually carries on as such, shall be sentenced to the same penalty that applies to those who, being under their control, or effective authority and control, committed an offense described in this Chapter, provided that: (...)”

     YOU SHOULD SAY:

     “The military chief, or whoever acts in fact as such, shall be sentenced to the same penalty that applies to those who, being under their control, or effective authority and control, committed an offense described in this Title, provided that: (...)”

     ERRATA

     Date of Publication: 20-01-2006


     Article 86 of the Code of Military Justice, Police

     SAYS:

     “The criminal action and the penalty in the crimes described in the present Chapter does not prescribe. (...)”

     YOU SHOULD SAY:

     “The criminal action and the penalty in the crimes described in the present Title does not prescribe. (...)”

     ERRATA

     Date of Publication: 20-01-2006


     Article 87 of the Code of Military Justice, Police

     SAYS:

     “With regard to the offences referred to in this Chapter, the criminal law peruvian applies even when the same shall have been committed abroad or do not have linkage with the national territory.”

     YOU SHOULD SAY:

     “With regard to the offences referred to in this Title, the criminal law peruvian applies even when the same shall have been committed abroad or do not have linkage with the national territory.”

     ERRATA

     Date of Publication: 20-01-2006


     Article 88 of the Code of Military Justice, Police

     SAYS:

     “In the crimes contained in this Chapter and, with respect to the jurisdiction of the International Criminal Court, (...)”

     YOU SHOULD SAY:

     “In the crimes contained in this Title and with respect to the jurisdiction of the International Criminal Court, (.)”

     ERRATA

     Date of Publication: 20-01-2006


     Article 89 of the Code of Military Justice, Police

     SAYS:

     “Nothing in this Chapter in respect to the criminal liability of the natural persons (...)”.

     YOU SHOULD SAY:

     “Nothing in this Title with respect to the criminal liability of the natural persons it will affect (...)”.

     ERRATA

     Date of Publication: 20-01-2006


     Article 90 of the Code of Military Justice, Police

     SAYS:

     “The military or police, in connection with an international armed conflict: (...)”

     YOU SHOULD SAY:

     “The military or police, in connection with an international armed conflict or non-international: (...)”

     ERRATA

     Date of Publication: 20-01-2006


     Article 90 of the Code of Military Justice, Police
     
     SAYS:

     “3. (...), shall be sentenced to imprisonment for a term of not less nor more than twelve years.”

     YOU SHOULD SAY:

     “3. (...), shall be sentenced to imprisonment for a term not less than six nor more than twelve years.”

     ERRATA

     Date of Publication: 20-01-2006


     On the page No. 309853, Article 92 of the Code of Military Justice, Police

     SAYS:

     “The military or police in connection with an international armed conflict or non-international injures a member of (...)”

     YOU SHOULD SAY:

     “The military or police, in connection with an international armed conflict or non-international, injuring a member of (...).”

     ERRATA

     Date of Publication: 20-01-2006


     Article 94 of the Code of Military Justice, Police

     SAYS:

     “3. In armed conflict and the people that participate directly in the hostilities of the adverse party and who has laid down his arms or in any other way, you are helpless.”

     YOU SHOULD SAY:

     “3. In international armed conflicts and non-international members of the armed forces and the people that participate directly in the hostilities of the adverse party and who have laid down their arms, or in any other way, you are helpless.”

(*)NOTE SPIJ:
In the present edition of the Legal Standards of the Official Newspaper “El Peruano”, it says “diceciocho” when it should say “eighteen”

     ERRATA

     Date of Publication: 20-01-2006


     Article 97 of the Code of Military Justice, Police

     SAYS:

     “That, in connection with an international armed conflict, plunder, or, (...)”.

     YOU SHOULD SAY:

     “The military or police, in connection with an international armed conflict or non-international, plunder, or, (...)”.

     ERRATA

     Date of Publication: 20-01-2006

     Article 98 of the Code of Military Justice, Police

     SAYS:

     “The military or police in connection with an international armed conflict, provided that (...).”

     YOU SHOULD SAY:

     “The military or police, in connection with an international armed conflict or non-international, provides that, (.). ”

     ERRATA

     Date of Publication: 20-01-2006


     Article 100 of the Code of Military Justice, Police

     SAYS:

     “The military or police, in connection with an international armed conflict, to kill or seriously injures a person, (...).”

     YOU SHOULD SAY:

     “The military or police, in connection with an international armed conflict or non-international, to kill or seriously injures a person, (...).”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 115 of the Code of Military Justice, Police

     SAYS:

     “The military or police (...) shall be punished with imprisonment for a term not less than six months”

     YOU SHOULD SAY:

     “The military or police (...) shall be punished with imprisonment for a term not less than six months”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 118 of the Code of Military Justice, Police

     SAYS:

     “The military or police in armed conflict, external, delivery, surrender or delivery to the enemy, plaza, (...)”

     YOU SHOULD SAY:

     “The military or police in armed conflict, external, surrenders, or delivers to the enemy, plaza, (...)”

     ERRATA

     Date of Publication: 20-01-2006


     Article 120 of the Code of Military Justice, Police

     SAYS:

     “With respect to the crimes regulated in this Chapter is cause for exemption (...)

     YOU SHOULD SAY:

     “With respect to the crime-regulated in the article above is a cause for exemption (...)”

     ERRATA

     Date of Publication: 20-01-2006


     In the Article 129 of the Code of Military Justice, Police

     SAYS:

     “The military or police who disobey the order of a sentry (...)”

     YOU SHOULD SAY:

     “The military or police who disobeys the order of a sentry (...)”

     ERRATA

     Date of Publication: 20-01-2006

     Article 130 of the Code of Military Justice, Police

     SAYS:

     “1.- If you cause serious injury, the penalty involving deprivation of liberty no less than five, nor more than ten years.

     2.- If the crime (...) shall be punishable with a penalty of deprivation of liberty, not less than five nor more than fifteen years.”

     YOU SHOULD SAY:

     “1.- If you cause serious bodily injury, shall be punished by a penalty involving deprivation of liberty of not less than five nor more than ten years.

     2.- If the crime (...) shall be sanctioned with a penalty of deprivation of liberty of not less than five nor more than fifteen years.”

     ERRATA

     Date of Publication: 20-01-2006


     Article 130 of the Code of Military Justice, Police

     SAYS:

     “1.- If you cause serious injury, the penalty involving deprivation of liberty no less than five, nor more than ten years.

     2.- If the crime (...) shall be punishable with a penalty of deprivation of liberty, not less than five nor more than fifteen years.”

     YOU SHOULD SAY:

     “1.- If you cause serious bodily injury, shall be punished by a penalty involving deprivation of liberty of not less than five nor more than ten years.

     2.- If the crime (...) shall be sanctioned with a penalty of deprivation of liberty of not less than five nor more than fifteen years.”

     ERRATA

     Date of Publication: 20-01-2006


     Article 132 of the Code of Military Justice, Police

     SAYS:

     “The acting by the fault shall be punished by a penalty involving deprivation of liberty of not less than two nor more than four years,”

     YOU SHOULD SAY:

     “The acting by the fault shall be punished by a penalty involving deprivation of liberty of not less than six months nor more than four years,”

     ERRATA

     Date of Publication: 20-01-2006


     In the heading of Title VI of the Code of Military justice, Police

     SAYS:

     CRIMES OF VIOLATION OF THE FUNCTION OF PROTECT THE WAR MATERIAL AND THE POLICE

     YOU SHOULD SAY:

     CRIMES OF VIOLATION OF THE DUTY MILITARY POLICE

     ERRATA

     Date of Publication: 20-01-2006


          Article 138 of the Code of Military Justice, Police

     SAYS:

     “The military or police, (...):

     1.- Failure of an operation (...)”

     YOU SHOULD SAY:

     “The military or police, (...):

     1.- Right to fail an operation (...)”

     ERRATA

     Date of Publication: 20-01-2006

     Article 139 of the Code of Military Justice, Police

     SAYS:

     “If, as a consequence of the facts that preceded it, it causes: (...)

     2. If he causes the death shall be punished with a custodial sentence (...)”

     YOU SHOULD SAY:

     “If, as a consequence of the facts that preceded it, it causes: (...)

     2. Death, shall be punished by a custodial sentence (...)”

(*) NOTE SPIJ:
In the present edition of the Legal Standards of the Official Newspaper “El Peruano”, it says “coimputados” when it should say “computed”

     ERRATA

     Date of Publication: 20-01-2006


     In Article 496 of the Code of Military Justice, Police

     SAYS:

     “The assessment and diagnosis includes among other aspects, the following aspects: (...)”

     YOU SHOULD SAY:

     “The assessment and diagnosis includes, among others, the following aspects: (...)”

     ERRATA

     Date of Publication: 20-01-2006


     In the First Final Provision of the Code of Military Justice, Police

     SAYS:

     “This Code shall enter into force on the day following its publication in terms of the General Part and Special, and a year as Part of the proceedings, and Criminal Enforcement.”

     YOU SHOULD SAY:

     “This Code shall enter into force on the day following its publication in terms of the General Part and Special; and in one year, counted from the day following that of its publication in regard to that Part of the proceedings, and Criminal Enforcement.”