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PENAL CODE

[Updated 2024]

Legislative Decree N° 635

PENAL CODE

Legislative Decree N° 635

INDEX

PRELIMINARY TITLE: General Principles

FIRST BOOK: General Part

TITLE I Of the Criminal Law (article 1 to 10)
Chapter I: space Application (article 1 to 5)
Chapter II: Application in time (article 6 to 9)
Chapter III: personal Application (article 10)
TITLE II: The Punishable act (article 11 to 27)
Chapter I: Bases of the criminality (article 11 to 15)
Chapter II: Attempt (article 16 to 19)
Chapter III: Reasons that excuse or diminish the criminal liability (article 20 to 22)
Chapter IV: Authorship and participation (article 23 to 27)
TITLE III: Of the Penalties (article 28 to 70)
Chapter I: Classes of penalty (article 28 to 44)
Chapter II: Application of the penalty (article 45 (51)
Chapter III: Of conversions (article 52 to 26)
Chapter IV: the Suspension of execution of punishment (article 57 to 61)
Chapter V: Book of the conviction (article 62 to 67)
Chapter VI: Waiver of penalty (article 68)
Chapter VII: Rehabilitation (article 69 to 70)
TITLE IV: security measures (article 71 to 77)
TITLE V: Extinction of the criminal action and the penalty (article 78 to 91)
TITLE VI Of the civil redress and accessory consequences (article 92 105)
Chapter I. civil Redress (article 92 of the 101)
Chapter II. Accessory consequences (article 102 to 105)

SECOND BOOK: Part Special – Crimes

TITLE I: Crimes Against Life, Body and Health (article 106 to 129)
Chapter I: Murder (article 106 to 113)
Chapter II: Abortion (article 114 to 120)
Chapter III: Injuries (article 121 to 124)
Chapter IV: Exposure to danger or abandonment of persons in danger (article 125 to 129)
TITLE I-A: Offences against human dignity (article 129-A of the 129-P)
Chapter I: Trafficking in persons (article 129-A of the 129-B)
Chapter II: Exploitation (article 129-C 129-P)
TITLE II: Crimes Against Honor (article 130 to 138)
Chapter one: libel, slander and defamation (article 130 to 138)
TITLE III: Crimes Against the Family (article 139-150)
Chapter I: Marriages illegal (article 139 to 142)
Chapter II: Crimes against the civil status (article 143 to 146)
Chapter III: Attacks against parental authority (article 147 to 148)
Chapter IV: Omission of family assistance (article 149 to 150)
TITLE IV: Crimes Against Freedom (Section 151 to 184)
Capítulo I: Violación de la libertad personal (Artículo 151 al 153)
Capítulo II: Violación de la intimidad (Artículo 154 al 158)
Capítulo III: Violación de domicilio (Artículo 159 al 160)
Capítulo IV: Violación del secreto de las comunicaciones (Artículo 161 al 164)
Capítulo V: Violación del secreto profesional (Artículo 165)
Capítulo VI: Violación de la libertad de reunión (Artículo 166 al 167)
Capítulo VII: Violación de la libertad de trabajo (Artículo 168)
Capítulo VIII: Violación de la libertad de expresión (Artículo 169)
Capítulo IX: Violación de la libertad sexual (Artículo 170 al 178)
Capítulo X: Proxenetismo (Artículo 179 al 182)
Capítulo XI: Ofensas al pudor público (Artículo 183 al 183-A)
Chapter XII: common Provision (Article 184)
TITLE V: Crimes Against property (Article 185 to 208)
Capítulo I: Hurto (Artículo 185 al 187)
Capítulo II: Robo (Artículo 188 al 189)
Capítulo II-A: Abigeato (Artículo 189-A al 189-C)
Capítulo III: Apropiación Ilícita (Artículo 190 al 193)
Capítulo IV: Receptación (Artículo 194 al 195)
Capítulo V: Estafa y otras defraudaciones (Artículo 196 al 197)
Capítulo VI: Fraude en la administración de personas jurídicas (Artículo 198 al 199)
Capítulo VII: Extorsión (Artículo 200 al 201)
Capítulo VIII: Usurpación (Artículo 202 al 204)
Capítulo IX: Daños (Artículo 205 al 206)
Capítulo X: Delitos Informáticos (Artículo 207-A al 207-C)
Capítulo XI: Disposición común (Artículo 208)
TITLE VI: Offences Against the Trust and Good Faith in business (Article 209 to 215)
Chapter I: Attacks against the credit system (Article 209 to 213)
Capítulo II: Usura (Artículo 214)
Capítulo III: Libramiento y cobro indebido (Artículo 215)
TITLE VII : Offences Against Intellectual property Rights (Article 216 to 225)
Capítulo I: Delitos contra los derechos de autor y conexos (Artículo 216 al 221)
Capítulo II: Delitos contra la propiedad industrial (Artículo 222 al 225)
TITLE VIII: Crimes Against the Cultural Heritage (Article 226 to 231)
Chapter one: Crimes against cultural property (Article 226 to 231)
TITLE IX: Offences Against the Economic Order (Article 232 to 243)
Capítulo I: Abuso del poder económico (Artículo 232)
Capítulo II: Acaparamiento, especulación, adulteración (Artículo 233 al 236)
Chapter III: illicit Sale of goods (Article 237)
Chapter IV: Of other economic crimes (Article 238 to 243)
Capítulo V: Desempeño de actividades no autorizadas (Artículo 243-B)
TITLE X: Crimes Against the Order of Financial and Monetary (Article 244 (to-261)
Capítulo I: Delitos financieros (Artículo 244 al 251)
Capítulo II: Delitos monetarios (Artículo 252 al 261)
TITLE XI: Tax Crimes (Article 262 to 272)
Capítulo I: Contrabando (Artículos 262 al 264) (Derogado)
Capítulo II: Defraudación Fiscal (Artículos 265 al 267) (Derogado)
Capítulo III: Elaboración y comercio clandestino de productos (Artículo 271 al 272)
TITLE XII: Crimes Against Public Security (Article 273 of the 303-A)
Capítulo I: Delitos de peligro común (Artículo 273 al 279)
Capítulo II: Delitos contra los medios de transporte, comunicación y otros servicios públicos (Art. 280 al 285)
Capítulo III: Delitos contra la salud pública (Artículo 286 al 303)
Capítulo IV: Delitos contra el orden migratorio (Artículo 303-A)
TITLE XIII: Environmental Crime (Article 304 to 314-D)
Capítulo I: Delitos de Contaminación (Artículo 304 al 307-F)
Capítulo II: Delitos contra los Recursos Naturales (Artículo 308 al 313)
Capítulo III: Responsabilidad Funcional e Información Falsa (Artículo 314 al 314-B)
Capítulo IV: Medidas Cautelares y Exclusión o Reducción de Penas (Artículo 314-C al 314-D)
TITLE XIV: Crimes Against the Peace of mind Public (Article 315 to 318)
Capítulo I: Delitos contra la paz pública (Artículo 315 al 318)
Capítulo II: Terrorismo (Derogado)
TITLE XIV-A: Crimes Against Humanity (Article 319 to 324)
Chapter I: Genocide (Article 319)
Capítulo II: Desaparición forzada (Artículo 320)
Capítulo III: Tortura (Artículo 321 al 322)
Capítulo IV: Discriminación (Artículo 323)
Capítulo V: Manipulación Genética (Artículo 324)
TITLE XV: Crimes Against the State and National Defence (Article 325 to 345)
Capítulo I: Atentados contra la seguridad nacional y traición a la patria (Artículo 325 al 334)
Capítulo II: Delitos que comprometen las relaciones exteriores del estado (Artículo 335 al 343)
Capítulo III: Delitos contra los símbolos y valores de la patria (Artículo 344 al 345)
TITLE XVI: Offences Against the Powers of the State and the Constitutional Order (Article 346 to 353)
Capítulo I: Rebelión, sedición y motín (Artículo 346 al 350)
Chapter II: common Provisions (Article 351 353)
TITLE XVII: Offences Against the Will of the people (Article 354 to 360)
Capítulo I: Delitos contra el derecho de sufragio (Artículo 354 al 360)
Capítulo II: Delitos contra la participación democrática (Artículo 359-A al 359-C)
TITLE XVIII: Crimes Against the Public Administration (Article 361 of the 426)
Capítulo I: Delitos cometidos por particulares (Artículo 361 al 375)
Capítulo II: Delitos cometidos por funcionarios públicos (Artículo 376 al 401)
Capítulo III: Delitos contra la administración de justicia (Artículo 402 al 424)
Capítulo IV: Disposiciones comunes (Artículo 425 al 426)
TITLE XIX: Crimes Against the Public Faith (Article 427 of the 439)
Capítulo I: Falsificación de documentos en general (Artículo 427 al 433)
Capítulo II: Falsificación de sellos, timbres y marcas oficiales (Artículo 434 al 437)
Capítulo III: Disposiciones comunes (Artículo 438 al 439)

BOOK three : Faults

TITLE I: Fundamental Provisions (Article 440)
TITLE II: offences Against the Person (Article 441 443)
TITLE III: offences Against the estate (Article 444 to 448)
TITLE IV: offences Against public morality (Article 449 to 450)
TITLE V: offences Against Public Security (Article 451)
TITLE VI: offences Against the Peace of mind Public (Article 452)

PENAL CODE
LEGISLATIVE DECREE 635

PRELIMINARY TITLE
GENERAL PRINCIPLES

Artículo I.- Finalidad Preventiva

This Code aims at the prevention of crimes and offenses as a means protector of the human person and of society.

Article II.- Principio de Legalidad

No one shall be punished for an act is not intended as a crime or offence by the law in force at the time of its commission, or subjected to penalty or security measure that are not set forth in it.

Artículo III.- Prohibición de la Analogía

It is not permitted analogy to qualify as a crime or fault, define a state of danger or determine the worth or security measure that corresponds to them.

Artículo IV.- Principio de Lesividad

Worth it necessarily accurate from the injury or violation of legal property protected by law.

Artículo V.- Garantía Jurisdiccional

Only the Judge can impose penalties or security measures; and you can not do it, but in the manner established in the law.

Artículo VI.- Principio de Garantía de Ejecución

Can't run no penalty in a manner other than as prescribed by the law and regulations that implement it. In any case, the execution of the penalty shall be fined by the court.

Artículo VII.- Responsabilidad Penal

The penalty requires the criminal responsibility of the author. Is banned any form of strict liability.

Artículo VIII.- Proporcionalidad de las sanciones*

The penalty may not exceed the liability. This rule does not apply in case of recurrence or familiarity of the agent to the crime. The security measure can only be ordered by public interest prevailing.

* Article amended by the Law 28730published on may 13, 2006 (link: bit.ly/3qpbK5j).

Artículo IX.- Fines de la Pena y Medidas de Seguridad

Punishment has a preventive role, protective and resocializadora. The security measures for purposes of healing, protection and rehabilitation.

Artículo X.- Aplicación Supletoria de la Ley Penal

The general rules of this Code are applicable to the offences provided for in special laws.

BOOK FIRST
GENERAL PART

TITLE I OF THE CRIMINAL LAW

CAPÍTULO I: APLICACIÓN ESPACIAL

Artículo 1.- Principio de Territorialidad

The Criminal Law peruvian applies to everyone who commits a punishable act in the territory of the Republic, subject to the exceptions contained in the International Law.
Also applies to punishable acts committed in:

1. The ships or aircraft national public, where they are located; and,

2. The ships or aircraft national private, which are located in the high seas or in airspace where no State exercises sovereignty.

Article 2.- Principle of extra-territoriality Principle or Real Defence and the Principle of Personality, Active and Passive*

The Criminal Law peruvian applies to any offence committed abroad, when:

1. The agent is a civil servant or public servant in the performance of their duties.

2. Threatens the security or tranquility or public address behaviors classified as money laundering, always produce their effects, in the territory of the Republic.

3. Trespass against thee the State and national defence; the Powers of the State and the constitutional order or the monetary order.

4. It is perpetrated against a peruvian or peruvian, and the crime is planned as an extraditable offence according to peruvian Law, provided that it is punishable also in the State in which it was committed, and the agent enter in any way into the territory of the Republic.

5. The case of the offence of bribing active transnational perpetrated by peruvian or representative of a legal person domiciled in Peru.

6. Peru is obliged to suppress in accordance with international treaties.

* Article amended by the following devices:
1. DL 982published on July 22, 2007 (link: bit.ly/3KkLEqP).
2. Law 31501published June 29, 2022 (link: bit.ly/45cxP64).

Artículo 3.- Principio de Representación

The Criminal Law peruvian may be applied when, requested the extradition, not delivered to the agent to the competent authority of a foreign State.

Artículo 4.- Excepciones al Principio de Extraterritorialidad

The provisions contained in Article 2, paragraphs 2, 3, 4 and 5, does not apply:

1. When you have extinguished the criminal action pursuant to one or other legislation;

2. When it comes to political offences or offences associated with them; and,

3. When the accused has been acquitted in the foreign or the convicted person has served the sentence, or it is prescribed, or referred.

If the agent has not fully served the sentence imposed, can be renewed by the process in the courts of the Republic, but is counted as part of the sentence served.

Artículo 5.- Principio de Ubicuidad

The place of commission of a crime is one in which the perpetrator or participant has acted or omitted the obligation to act or produce their effects.

CAPÍTULO II: APLICACIÓN TEMPORAL

Artículo 6.- Principio de Combinación

The applicable Criminal Law is valid at the time of the commission of the punishable act. However, you will apply the most favourable to the accused, in the event of a conflict in the time of the penal laws.

If during the execution of the penalty is dictare a law more favourable to the person convicted, the Judge will replace the sanction imposed by the corresponding, according to the new law.

Artículo 7.- Retroactividad benigna

If, according to the new law, the fact sanctioned in a previous rule ceases to be liable to the penalty to be imposed, and their effects are extinguished as of right.

Article 8.- Temporary laws

The laws and policies to govern only for a certain time are applied to all the acts committed during their term, even though they no longer are in force, unless otherwise specified.

Artículo 9.- Momento de comisión del delito

The time of the commission of a crime is one in which the perpetrator or participant has acted or omitted the duty to act, regardless of the time that the outcome occurs.

CAPÍTULO III: APLICACIÓN PERSONAL

Artículo 10.- Principio de Igualdad

The Criminal Law is applied equally. The prerogatives by reason of the feature, or charge you recognize certain people would be absolutely laid down in the laws or international treaties.

TITLE II: THE PUNISHABLE ACT

CAPÍTULO I: BASES DE LA PUNIBILIDAD

Artículo 11.- Delitos y faltas

Are crimes and misdemeanours the actions or omissions intentional or negligent punishable by law.

Article 12.- Intentional crime and crime of negligent

The penalties established by the law, always apply to the agent of willful copyright infringement.

The agent of contributory infringement is punishable in cases expressly specified by the law.

Article 13.- Default improper*

The one who omitted to prevent the realization of the punishable act will be punished:

1. If you have the legal duty to prevent it, or if it creates an imminent danger that outside itself to produce it.

2. If the default corresponds to the completion of the criminal offence by a do.

The worth of the override may be attenuated.

* Article amended by the Law 26682published November 11, 1996 (link: bit.ly/3qiHE3w).

Artículo 14.- Error de tipo y error de prohibición

The error on an element of a criminal offence or in respect of a circumstance which aggravate the penalty, if it is invincible, it excludes liability, or the aggravation. If it were vencible, the violation shall be punished as guilty when I find planned as such in law.

The error invincible on the legality of the constituting act of the criminal offence, excludes the liability. If the error is vencible will dim the penalty.

Article 15.- Error of understanding culturally conditioned*

Which by their culture or customs commits a punishable act without being able to understand the character delinquent of his act or determined in accordance with that understanding, will be exempted from liability. When, for the same reason, that ability is decreased, it will mitigate the penalty.

The provisions of the first paragraph shall be applicable following the guidelines for criminal proceedings cross-cultural indicated by the judiciary for the cases of the commission of the offences provided for in chapters IX, X and XI of Title IV of the Second Book committed to the detriment of under fourteen years of age and over fourteen years of age when they have not given their free consent.

* Article amended by the Law 30838published August 4, 2018 (link: bit.ly/3rTMhBE).

CAPÍTULO II: TENTATIVA

Artículo 16.- Tentativa

In the attempt, the agent starts the execution of a crime, that he decided to commit, without consumarlo.

The Judge reprimirá the attempt decreasing prudencialmente worth it.

Artículo 17.- Tentativa impune

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

Artículo 18.- Desistimiento voluntario – Arrepentimiento activo

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.

Artículo 19.- Participación de varios agentes en la tentativa

If multiple agents are involved in the fact, is not punishable attempt of one who voluntarily would result, or the one that efforts to seriously prevent the execution of the crime, although other stakeholders may continue in their execution or consummation.

CAPÍTULO III: CAUSAS QUE EXIMEN O ATENÚAN LA RESPONSABILIDAD PENAL

Article 20.- Inimputabilidad*

Is exempt from criminal liability:

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

2. Under 18 years of age.

3. In defense of legal property of its own or of third parties, with the use of force, including the use of lethal force, under the following circumstances:

a) Battery current, illegitimate and real.

(b) Need rational of the means employed to prevent or repelerla. Is excluded to the assessment of this requirement to the criterion of proportionality of means, considering, in your place, among other circumstances, the intensity and danger of the aggression, the way of proceeding of the aggressor and the means available to the defense.

c) Lack of provocation enough of the one who makes the defense.

The number 3 also applies to the course of a situation of imminent danger and need to protect the life or integrity of their own or of third parties, which repels a reasonably aggression, bursting, income, violent or surreptitious illegitimate within the building, vehicle or other conveyance in which you are lawfully, within your business, company, civil association, or place of work or within a building on which they hold the legitimate ownership or lawful possession with the title he or his relatives to the third degree of consanguinity or third degree of affinity.

4. Which, to 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 of himself or of another, provided that the following requirements are met:

a) When 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

(b) use a suitable means to overcome the danger;

5. Which, to a present danger and not avoidable otherwise, that means a threat to life, bodily integrity or liberty, performs a fact anti-legal to ward off the danger to itself or a person with whom you have a close connection.

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.

6. The work by a physical force irresistible from a third party or of the nature;

7. The work compelled by insuperable fear of an evil equal to or greater;

8. The work by provision of law, in the performance of a duty or in the legitimate exercise of a right, at the office or position;

9. Which work by binding order of a competent authority, issued in the exercise of its functions;

10. The acting with the valid consent of the holder of a legal right of free disposal;

11. The personnel of the Armed Forces and the National Police of Peru, in the discharge of its constitutional role and use of their arms or other means of defence, in the form of regulatory, causing injury or death.

* Article amended by the following devices:

D-L 25564published on June 20, 1992 (link: bit.ly/3KsVnf4).
Law 26447published on April 21, 1995 (link: bit.ly/3rMVnzR).
Law 27936published February 12, 2003 (link: bit.ly/3rY7333).
DL 982published on July 22, 2007 (link: bit.ly/3KkLEqP).
Law 30151published January 13, 2014 (link: bit.ly/3OFRKol).
Law 31012published march 28, 2020 (link: bit.ly/ 3Oo9sLV).
Law 32026published on may 16, 2024 (link: lpd.pe/0EbDq).

Article 21.- Liability restricted*

In the case of article 20°, when not attend any of the requirements necessary to make it disappear entirely the responsibility, the Judge may decrease prudencialmente the penalty to a level below the legal minimum.

If the person who repels the assault illegitimate would have made use of a firearm registered legally in your name, this will be seized within the 48 hours required by the authority for a pre-trial investigation under the responsibility.

* Article amended by the Law 32026published on may 16, 2024 (link: lpd.pe/0EbDq).

Artículo 22.- Responsabilidad restringida por la edad

May be reduced prudencialmente the penalty indicated for the punishable act committed when the agent has more than eighteen and less than twenty-one years or over sixty five years old at the time of the offence, unless it has incurred repeatedly in the offences referred to in articles 111, third paragraph, and 124, fourth paragraph.

Is excluded from the agent a member of a criminal organization, or who is guilty of the crime of violation of sexual freedom, murder, murder by the official status of the agent, femicide, hired gunmen, conspiracy for the crime of being and offering for the crime of being, extortion, kidnapping, aggravated robbery, drug trafficking, terrorism, terrorism, aggravated, apology, genocide, enforced disappearance, torture, bombing of the national security, treason or any other offence punishable with imprisonment for a term not less than twenty-five years or life imprisonment.

Los mayores de ochenta años, por razones humanitarias, afrontarán su condena conforme a los alcances del artículo 288 o del artículo 290 del Nuevo Código Procesal Penal, Decreto Legislativo 957”.(*)

(*) Artículo modificado por la Ley N.° 32181, publicada el 11 de diciembre de 2024 (link: https://esford.pe/wp-content/uploads/2024/12/LEY-No-32181.pdf)

CAPÍTULO IV: AUTORÍA Y PARTICIPACIÓN

Article 23.-Authorship, authorship, mediate and co-authorship

Performed by themselves or by means of other evidence, and those who commit together will be repressed with the set punishment for this infraction.

Article 24.- Instigation

Which, intentionally, determines another to commit a punishable act shall be sentenced to the penalty corresponding to the author.

Article 25.- Complicity primary and complicity high school*

Which, intentionally, providing relief for the realization of the fact punishable, without the which has not been committed, shall be sentenced to the penalty provided for the author.

To which, otherwise, would have knowingly provided assistance to them will decrease prudencialmente worth it.

The accomplice always responds in reference to the punishable act committed by the author, even if the special elements that underlie the penalty of the type of law does not concur in it.

* Article amended by the DL 1351published January 7, 2017 (link: bit.ly/3Oi8YGX).

Artículo 26.- Incomunicabilidad en las circunstancias de participación

The circumstances and qualities that affect the liability of some of the authors and participants do not change the other perpetrators or participants in the same punishable act.

Artículo 27.- Actuación en nombre de otro

Acting as a representative body authorised by a legal person or as a partner authorized representative of a society, and performs the statutory rate of an offence is liable as a perpetrator, although the special elements that underlie the penalty of this type there are in him, but in the represented.

TITLE III: PUNISHMENTS

CAPÍTULO I: CLASES DE PENA

Artículo 28.- Clases de Pena

The penalties applicable in accordance with this Code are:

– Deprivation of liberty;

– Restrictive freedom;

– Limiting of rights; and

– Fine.

SECCIÓN I: PENA PRIVATIVA DE LIBERTAD

Article 29.- Duration of the custodial sentence*

The sentence of imprisonment may be temporary or permanent imprisonment. In the first case, you will have a minimum duration of two days and a maximum of thirty-five years.

* Article amended by the following devices:
1. D-L 25475published on 6 may 1992 (link: bit.ly/3DTWCA2).
2. Law 26360published on September 29, 1994 (link: lpd.pe/0zoBV).
3. DL 895published on may 23, 1998 (link: bit.ly/47hUWOa).
4. DL 982published on July 22, 2007 (link: bit.ly/3KkLEqP).

Article 29-A. - Compliance of the penalty electronic monitoring of staff*

Worth of electronic surveillance staff met in the following way:

1. The execution is performed in the residence or place that point to the convicted person, which determines its radius of action, route of displacement and transit, subject to the approval of the Judge.

2. The convicted person is subject to electronic surveillance staff, to which the Judge sets out the rules of conduct provided for in the law, as well as all those which it considers necessary to ensure the suitability of the control mechanism.

3. The computation of the application of the electronic surveillance staff is at the rate of one day of deprivation of liberty for a day of electronic surveillance staff.

4. Not appropriate to impose the penalty of electronic surveillance staff who has been formerly convicted of a criminal offence when committed intentionally, provided that it is considered as a recidivist, or habitual, as provided for by articles 46-B 46-C of the Penal Code.

5. To impose the penalty of electronic surveillance staff, the Judge must assess the conditions, previously accredited, personal life, work, family or social, of the convicted person; as well as, of to be the case, if these are to be found in any of the following circumstances:

a) older than 65 years.

(b) Those who suffer from serious illness, credited with expertise in medical law.

d) pregnant women in the third trimester of the gestation process. The same treatment will have during the twelve months following the date of the birth.

(e) The mother is head of household with a child or with a child or spouse who suffers from permanent disability, always and when you have been under your care. In the absence of it, the father who is in the same circumstances, will have the same treatment.

* Article incorporated by the Law 29499published on January 19, 2010 (link: bit.ly/45eUw9s), and then modified by the DL 1514published on June 4, 2020 (link: bit.ly/47iiOkK).

SECCIÓN II: PENAS RESTRICTIVAS DE LIBERTAD

Article 30.- Worth restrictive of freedom*

La pena restrictiva de libertad es la de expulsión del país y se aplica a extranjeros después de cumplida la pena privativa de libertad o la concesión de un beneficio penitenciario, quedando prohibido su reingreso.

In the case of expulsion for the granting of prison benefits, Peru maintains exclusive jurisdiction over the sentence imposed.

* Article amended by the following devices:
1. Law 29460published on November 27, 2009 (link: bit.ly/3rXiVCk).
2. Law 30219published July 8, 2014 (link: bit.ly/3KvhykD).

Article 30-A. - Application of the penalty restricting freedom as an additional punishment*

The expulsion regulated in article 30 applies as an additional punishment in the offences established in the following articles: 106, 107, 108, 108-A, 108-B, 108-C, 108-D, 111, 121, 122, 122-B, 129-A, 129-B, 129-C, 129-D, 129-F, 129-G, 129-H, 129 I-129 J -, 129-K, 129-L, 129-M, 129-N, 129-Z, 129 -, Or, 152, 170, 171, 172, 173, 174, 176-A, 176-B, 176-C, 177, 179, 180, 181, 181-B, 185, 186, 188, 189, 194, 195, 196, 196-A, 200, 279, 283, 315, and 317.

* Artículo incorporado por el DL 1573published on October 5, 2023 (link: bit.ly/45rlsCY).

SECCIÓN III: PENAS LIMITATIVAS DE DERECHOS

Artículo 31.- Penas limitativas de derechos – Clases

The punishment restrictive of rights are:

1. Provision of services to the community;

2. Limitation of free days; and

3. Disqualification.

Article 32. Forms of application*

The punishment restrictive of rights provided for in the first two paragraphs of article 31 shall apply as autonomous when they are specifically indicated for each crime, and also as a substitute or alternative to imprisonment, when the penalty replaced at the discretion of the judge does not exceed five years.

* Article amended by the following devices:
1. Law 27186published on October 20, 1999 (link: bit.ly/3KmyzgH).
2. DL 1585published on November 22, 2023 (link: lpd.pe/pYNgA).

Artículo 33.- Duración de las penas limitativas de derechos como penas sustitutas

The duration of the penalties for provision of services to the community, and limited free days will be set when applied as an alternative to imprisonment, in accordance with the equivalence laid down in article 52.

Article 34.- Provision of services to the community*

34.1. The penalty provision of services to the community forces the condemned to work for free in health-care organisations, hospitals, schools, orphanages, other similar institutions or works, provided that they are public.

34.2. La pena de prestación de servicios a la comunidad también puede ejecutarse en instituciones privadas con fines asistenciales o sociales.

34.3. The services are allocated, where possible, according to the skills of the convicted person must be satisfied in days of ten hours a week, including Saturdays, Sundays or public holidays, so that it does not impair the normal working hours of regular work.

34.4. The convicted person may be authorized to provide these services in business days weekly, and when the round.

34.5. This sentence was extended from ten to one hundred and fifty-six days of weekly services, except different layout of the law.

34.6. The law and the provisions regulations set out the procedures to map the locations and monitor the development of the provision of services.

* Article amended by the DL 1191published on August 22, 2015 (link: bit.ly/3s160iz).

Article 35.- Limitation of free days*

35.1. La limitación de días libres consiste en la obligación de permanecer los días sábados, domingos y feriados, hasta por un máximo de diez horas semanales, a disposición de una institución pública para participar en programas educativos, psicológicos, de formación laboral o culturales.

The penalty of limitation of free days can also be run in private institutions for care or social.

This sentence was extended from ten to one hundred and fifty-six days of limitation weekly, except different layout of the law.

During this time, the convicted person receives guidance and conducts activities and suitable for rehabilitation and training.

35.5 law and the provisions regulations laying down the procedures for oversight and enforcement of the penalty of limitation of the free days.

* Article amended by the DL 1191published on August 22, 2015 (link: bit.ly/3s160iz).

Article 36. Disqualification*

The disqualification occurs, as provided in the judgment:

1. Deprivation of the function, position or commission that was held by the convicted person, even if it comes from popular election;

2. Disability or impairment, to obtain a mandate, office, employment or commission of a public nature;

3. Suspension of political rights point to the sentence;

4. Inability to exercise on their own or through a third party, profession, trade, art, or industry, that must be specified in the sentence;

5. Inability for the exercise of parental authority, guardianship or curatorship;

6. Suspension or cancellation of the authorization to carry or use firearms. Permanent disability to renew or obtain a license or certification from a competent authority for carrying or use of firearms, in case of conviction for any criminal offenses or offenses committed under the influence of alcohol or drugs;

7. Suspension, cancellation, or permanent disability to obtain authorization to conduct any type of vehicle;

8. 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 offence;

9. Permanent disability to enter or re-enter the teaching service or the administrative institutions of basic education, centers of technical education-productive, institutes, or schools of higher education, institutions of higher education artistic, universities, schools of the Armed Forces or the National Police of Peru, Ministry of Education or its public bodies attached, Addresses or Regional Management of Education, Units of Local Educational Management and, in general, in any institution or educational agency, including centers of re-socialization and rehabilitation, activities, permanent or temporary, linked to education, training, and training on any subject matter, including the sport, the arts and culture; as well as, to exercise activity, profession, occupation, or profession that involves the teaching, the care, supervision or care of children or adolescents, or of the student body of higher education in both technical and university; in respect of the persons sentenced with the judgment decree or final, including the degree of attempt, by any of the following crimes:

(a) Crime of terrorism as defined in the Decree Law No. 25475, and offence of encouragement of terrorism offence under article 316-A of the Penal Code.

(b) Crimes committed in violation of the sexual freedom as defined in Chapter IX of Title IV of the Second Book of the Penal Code.

(d) the Crime of child pornography offence under article 183-A of the Penal Code.

(e) the Offence of propositions to children and adolescents for sexual purposes by technological means an offence under article 5 of the Law No. 30096.

f) Offence of trafficking in persons and its aggravated forms referred to in articles 153 and 153-A of the Penal Code.

(g) an Offence of sexual exploitation and its aggravated forms prescribed under section 153-B of the Criminal Code.

h) the Crime of slavery and other forms of exploitation and its aggravated forms referred to in article 153-C of the Penal Code.

(i) the Crime of smuggling of drugs of the Second Section of Chapter III of Title XII of the Second Book of the Penal Code.

j) Crimes of homicide simple and qualified referred to in articles 106, 108 and 108-A of the Penal Code.

k) the Crime of parricide under article 107 of the Criminal Code.

l) the Crime of femicide and its aggravated forms referred to in article 108-B of the Criminal Code.

m) the Offence of being and its aggravated forms referred to in article 108-C of the Penal Code.

n) the Crime of kidnapping and aggravated forms referred to in article 152 of the Criminal Code.

o) the Crime of kidnapping for ransom and its aggravated forms referred to in article 200 of the Penal Code.

p) Crimes against humanity (genocide, enforced disappearance, and torture) referred to in chapters I, II and III of Title XIV-A of the Second Book of the Penal Code.

q) the Crime of violation of privacy, by diffusion of images, materials, audiovisual or audio content of sexual activity, and its aggravated forms, as established in article 154-B of the Criminal Code.

10. Deprivation of the right to reside in certain places or to go to them;

11. Prohibition of approaching or communicating with the victim, their relatives or other persons determined by the judge; or,

12. Prohibition to communicate with internal or visit prisons.

13. Permanent disability or temporary, for the tenure of animals.

* Article amended by the following devices:

Law 29106published on October 18, 2007 (link: bit.ly/44TI8xc).
Law 29439published on November 19, 2009 (link: bit.ly/47jMo9w).
Law 29988published on January 18, 2013 (link: bit.ly/3OGItwt).
Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
Law 30407published January 8, 2016 (link: bit.ly/3Yh5kBX).
Law 30901published on December 29, 2018 (link: bit.ly/3KpuatA).
DU 019-2019published December 2, 2019 (link: bit.ly/3DCMqfp).

Artículo 37.- Inhabilitación principal o accesoria

The penalty of disqualification may be imposed as a principal or accessory.

Article 38.- Duration of the disqualification main*

Disabling main extends from six months to ten years, except in cases of permanent disability to that referred to in points 6, 7 and 9 of article 36 and the assumptions of article 426 of the Criminal Code; article 4-A of the Decree Law 25475 and in articles 1, 2, 3 and 4 of Legislative Decree 1106.

* Article amended by the following devices:

Law 29106published on October 18, 2007 (link: bit.ly/44TI8xc).
Law 29988published on January 18, 2013 (link: bit.ly/3OGItwt).
Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
DL 1243published on October 22, 2016 (link: bit.ly/43TBLY8).
DL 1367published on July 29, 2018 (link: bit.ly/3qdwfBW).
Law 31178published April 28, 2021 (link: bit.ly/44T2tBs).

Article 39.- Disabling accessory

The disqualification shall be imposed as an additional punishment when the punishable act committed by the offender constitutes abuse of authority, of office, profession, trade, power, or violation of a duty inherent to the public sector, commerce, industry, custody, guardianship, wardship, or activity regulated by law. Extends for the time of the main sentence.

Artículo 40.- Inhabilitación accesoria en los delitos culposos de tránsito

The penalty of disqualification provided for in article 36, paragraph 7, of this Code may be applied as an accessory in the crime culpable transit.

SECCIÓN IV: PENA DE MULTA

Artículo 41.- Concepto

The penalty of fine requires the convicted person to pay to the State a 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.

Artículo 42.- Extensión de la pena de multa

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

Artículo 43.- Importe del día-multa

The amount of day-fine may not be less than twenty-five per cent, nor more than fifty percent of the daily income of the convicted person when living exclusively from his work.

Article 44.- Term of payment of fine

The fine must be paid within ten days of pronounced the sentence. At the request of the convicted person and according to the circumstances, the court may allow payment to be made in monthly installments.

The collection of the fine can be made by using the discount of the remuneration of the condemned, when applied in isolation or when applied cumulatively with the penalty of limitation of rights or be granted the conditional suspension of the penalty according to the limits provided for in article 42.

The discount should not have an impact on the resources which are essential to the livelihood of the convicted person and his family.

CAPÍTULO II: APLICACIÓN DE LA PENA

Article 45.- Budgets to support and determine the penalty*

The judge, at the time of establishing and determining the penalty, it takes account of:

to. The social hardships she had endured the agent or the abuse of his position, economic status, education, power, trade, profession, or the role that it occupies in the society.

b. Their culture and their customs.

c. The interests of the victim, their family or the people that depend on, as well as the involvement of their rights and especially considering their situation of vulnerability.

* Article amended by the following devices:
1. Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
2. Law 30364published on November 23, 2015 (link: bit.ly/45f4SXg).

Article 45-A. - Individualization of punishment*

Every sentence contains substantiation explicit and sufficient on the grounds of the qualitative and quantitative determination of the penalty.

To determine the penalty within the limits set by law, the judge attends the responsibility and gravity of the punishable act committed, as are not specifically constitutive of the crime or as amended, of the responsibility.

The judge determines the penalty applicable to carrying out the following stages:

1. Identifies the space punitive damages of determination from the penalty prescribed in the law for the crime, and divided into three parts.

2. Determines the penalty particular applicable to the condemned evaluating the attendance of aggravating or mitigating circumstances observing the following rules:

(a) Where there are no mitigating nor aggravating or attend only mitigating circumstances, the penalty concrete is determined within the lower third.

(b) When the circumstances of aggravation and mitigation, the penalty for a particular determined inside the third intermediate.

c) When there are only aggravating circumstances, the penalty concrete is determined within the top third.

3. When there are extenuating circumstances privileged or aggravating qualified, the penalty concrete is determined in the following way:

(a) in the Case of extenuating circumstances, the penalty concrete is determined below the lower third;

(b) in the Case of aggravating circumstances, the penalty concrete is determined by over the upper third; and

(c) In the case of concurrence of circumstances mitigating and aggravating circumstances, the penalty concrete is determined within the limits of the penalty corresponding basic to the crime.

* Article incorporated by the Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).

Article 46.- Circumstances of mitigation and aggravation*

1. Constitute circumstances of attenuation, provided they are not specifically provided for the punishment of crime, and are not the constituent elements of the punishable act, the following:

(a) The absence of a criminal record;

b) The work for mobile, noble or altruistic;

(d) The influence of pressing personal or family circumstances in the execution of the criminal act;

(e) Seek voluntarily, after you accomplished the crime, the reduction of their consequences;

f) Repair willfully damage or consequences arising from the danger generated;

(g) be Submitted voluntarily to the authorities after having committed the criminal act, to admit responsibility;

(h) The age of the defendant, in so much that it has influenced the conduct is punishable.

2. Constitute aggravating circumstances, provided they are not specifically provided for the punishment of crime, and are not the constituent elements of the punishable act, the following:

a) to Execute the criminal act on goods or resources allocated to activities of common utility or the satisfaction of basic needs of a community;

b) Execute the conduct punishable on goods or public resources;

c) Execute the conduct punishable by reason abject, futile, or by price, reward or promise of remuneration;

d) Run the offense on mobile intolerance or discrimination, such as the origin, race, religion, sex, sexual orientation, gender identity, genetic factor, affiliation, age, disability, language, ethnic and cultural identity, clothing, opinion, economic status, or of any other nature.

(e) to Employ in the execution of the criminal act means the use of which may be common danger;

f) Run the conduct punishable by concealment, abuse of the status of superiority over the victim or taking advantage of circumstances of time, manner or place, which hinder the defense of the offended or the identification of the perpetrator or participant;

g) Do most harmful consequences of the criminal act, other than that necessary to consummate the crime;

(h) Undertake the conduct punishable abusing the agent of his position, economic status, education, power, trade, profession or function;

(i) The plurality of agents involved in the execution of the crime;

(j) to Execute the criminal act using an unimpeachable;

k) When the criminal act is directed or committed wholly or partially from the inside of a place of seclusion for the one who is deprived of his freedom, or it is located outside the national territory;

l) When there is a serious damage to the balance of natural ecosystems;

m) Where for the performance of the criminal act have been used weapons, explosives or poisons, or other instruments or procedures of similar efficacy destructive.

n) If the victim is a boy or girl, teen, woman in a situation of special vulnerability, older adult under the law in force in the matter or any physical handicaps, sensory, mental, intellectual or permanent in nature or if you are suffering from disease in the terminal stage, or person belonging to an indigenous people in isolation and initial contact.

* Article amended by the following devices:
1. Law 28726published on may 9, 2006 (link: bit.ly/44SEhzn).
2. Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
3. DL 1237published on September 26, 2015 (link: bit.ly/3Qo6bPb).
4. DL 1323published January 6, 2017 (link: bit.ly/2OnqmKu).

Article 46-A. - an aggravating Circumstance, condition of the active subject*

Constitutes an aggravating circumstance of criminal responsibility if the active subject is taken advantage of his status as a member of the Armed Forces, National Police, authority, official or public servant, to commit a punishable act or using weapons provided by the State or whose use is authorized by its status as a public official.

In these cases, the Judge increased the sentence to one-half above the legal maximum fixed for the offence committed, and not able to exceed thirty and five years of imprisonment.

The same penalty will apply to the agent that has held the positions referred to in the first paragraph, and takes advantage of the knowledge acquired in the exercise of its function to commit a punishable act.

Constitutes an aggravating circumstance when the active subject, from a prison where he is deprived of his liberty, comet as an author or participant in the crime of illicit drug trafficking, money laundering, human trafficking, terrorism, extortion or kidnapping. In the same way, constitutes an aggravating circumstance when the active subject, in his performance as a service provider of the public transport of persons, whether as a driver, co-driver, debt collector or assistant, whatever their nature or form; or special transportation service of users in smaller vehicles, motor; or pretending to be a driver, co-driver, debt collector, assistant or passenger of such services, commits crimes against sexual freedom, homicide, murder, hired gunmen, kidnapping, theft, marking or setting.

In such a case, the Judge can increase the penalty up to one-third above the legal maximum fixed for the offence, not to exceed thirty-five years of imprisonment.

Will not be applicable, as provided in this article when the aggravating circumstance is planned to punish the criminal offence or when it is a constitutive element of the punishable act.

* Article incorporated by the Law 26758published on march 14, 1997 (link: bit.ly/45dDJnj). Then, it was modified for the following devices:
1. DL 982published on July 22, 2007 (link: bit.ly/3KkLEqP).
2. Law 30054published June 30, 2013 (link: bit.ly/44QOFYn).
3. Law 30875published November 29, 2018 (link: bit.ly/45gjTIj).

Article 46-B. - Recidivism*

Which, after having served in whole or in part a penalty, incurred in new intentional crime in a period not exceeding five years has the status of a repeat offender. Have equal status, who after having been convicted of a lack of intent, incurs new fault or intentional offense within a period not exceeding three years.

The recidivism constitutes an aggravating circumstance qualified, in which case the judge increases the penalty by up to a half above the maximum legal limit for the type of crime.

The deadline for recidivism is not applicable to the offences provided for in chapters IX, X and XI of Title IV of the Second Book and in articles 107, 108, 108-A, 108-B, 108-C, 108-D; 121, second paragraph, 121-B, 152, 153, 153-A, 153-B, 153-C; 173, 173-To, 186, 189, 195, 200, 297, 317-To, 319, 320, 321, 325, 326, 327, 328, 329, 330, 331, 332 and 346 of the Criminal Code, which is computed without limit of time. In these cases, the judge increases the penalty at not less than two-thirds above the maximum legal limit for the type of crime, without being applicable to the prison benefits of free ranging and conditional release. It also does not apply the term fixed for the recidivism if the agent previously benefited from the grace of the presidential or by a special rule release, commits a new intentional crime; in these cases, the judge increased the sentence by up to one-half above the maximum legal limit for the type of crime.

In cases of recidivism are not included in the criminal records cancelled or designated to be cancelled, except in the crimes mentioned in the third paragraph of this article.

* Article incorporated by the Law 28726published on may 9, 2006 (link: bit.ly/44SEhzn). Subsequently, it was modified for the following devices:

Law 29407published on September 18, 2009 (link: bit.ly/3OfqVGe).
Law 29570published on August 25, 2010 (link: bit.ly/43ZRR2p).
Law 29604published on October 22, 2010 (link: bit.ly/43QFEx3).
Law 30068published on July 18, 2013 (link: bit.ly/44QpEg3).
Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
DL 1181published July 27, 2015 (link: bit.ly/3OFGzMw).
Law 30838published August 4, 2018 (link: bit.ly/3rTMhBE).
DL 1513published on June 4, 2020 (link: bit.ly/44T5thg).

Article 46-C. - Familiarity*

If the agent commits a new intentional crime is considered a habitual offender, provided that at least three offences that have been committed in a period not to exceed five years. The deadline is not applicable to the offences provided for in chapters IX, X and XI of Title IV of the Second Book and in articles 107, 108, 108-A, 108-B, 108-C, 108-D; 121, second paragraph, 121-B, 152, 153, 153-A, 153-B, 153-C; 173, 173-To, 186, 189, 195, 200, 297, 317-To, 319, 320, 321, 322, 325, 326, 327, 328, 329, 330, 331, 332 and 346 of the Criminal Code, which is computed without limit of time. Also, had the status of habitual offender who commits three or more misdemeanors misconduct against the person or the assets, in accordance with articles 441 and 444, within a period not exceeding three years.

La habitualidad en el delito constituye circunstancia cualificada agravante. El juez aumenta la pena hasta en un tercio por encima del máximo legal fijado para el tipo penal, salvo en los delitos previstos en los párrafos anteriores, en cuyo caso se aumenta la pena en una mitad por encima del máximo legal fijado para el tipo penal, sin que sean aplicables los beneficios penitenciarios de semilibertad y liberación condicional. En los supuestos de habitualidad no se computan los antecedentes cancelados o que debieren estar cancelados, salvo en los delitos antes señalados.

* Article incorporated by the Law 28726published on may 9, 2006 (link: bit.ly/44SEhzn). Subsequently, it was modified for the following devices:

Law 29407published on September 18, 2009 (link: bit.ly/3OfqVGe).
Law 29570published on August 25, 2010 (link: bit.ly/43ZRR2p).
Law 29604published on October 22, 2010 (link: bit.ly/43QFEx3).
Law 30068published on July 18, 2013 (link: bit.ly/44QpEg3).
Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
DL 1181published July 27, 2015 (link: bit.ly/3OFGzMw).
Law 30838published August 4, 2018 (link: bit.ly/3rTMhBE).

Article 46-D. - Use of minors in the commission of a crime*

Constitutes an aggravating circumstance in the criminal liability, if the subject is active use, under any modality, a person under eighteen years of age or a person who, due to a mental disorder, severe alteration in consciousness or suffer alterations in perception, which seriously affect your concept of reality, does not possess the faculty of understanding the character delinquent of his act or to be determined according to this understanding for the commission of a crime, in which case the court may increase the sentence by up to one-third above the legal maximum set in the type of criminal.

In the event that the agent shall have any position, office, or family bond that gives particular authority over the child or impulse to deposit their confidence in him, the judge can increase the penalty up in a half above the maximum legal limit for the type of crime. If the agent exercises the parental authority over the child, the judge suspends the exercise, in accordance with the provisions of the act of the matter.

If, during the commission of the crime or as a result of this the child suffers serious injury, permanent disability or dies, and the agent was able to foresee the result, the judge may impose a penalty of up to twice the maximum legal limit for the type of crime.

In any case the penalty concrete can exceed that of thirty-five years of prison sentences. It is not applicable to the provisions of this article when the aggravating circumstance is planned to punish the criminal.

* Article incorporated by the Law 30030published on June 4, 2013 (link: bit.ly/3OFay7o).

Article 46-E. - an aggravating Circumstance qualified by abuse of kinship*

The penalty is increased by up to one-third above the legal maximum fixed for the offence when the agent has taken advantage of its quality of ascendants or descendants, natural or adoptive, stepparent, spouse or cohabitant of the victim. In this case, the sentence of imprisonment may not exceed thirty-five years, unless the offense is sentenced to imprisonment for a term indeterminate, in which case it applies to the latter.

The aggravating circumstance provided for in the first paragraph is irrelevant when it is established as such in the criminal law.

* Article incorporated by the Law 30364published on November 23, 2015 (link: bit.ly/45f4SXg).

Article 47.- Computation of detention suffered*

The time of the arrest that has been processed will be credited to the computation of the penalty to be imposed at the rate of one day of imprisonment for each day of detention.

If the penalty corresponding to the punishable act is the penalty or limitation of rights, the detention shall be computed at the rate of two days of such penalties for each day of detention.

* Article amended by the Law 28568published on July 3, 2005 (link: bit.ly/3OFMEaL), which was repealed by the Law 28577published on July 9, 2005 (link: bit.ly/45Da3Ck), restituyéndose the original text of the Criminal Code.

Article 48.- Perfect competition offences

When a number of provisions are applicable to the same fact reprimirá up with the maximum penalty more severe, and can increase it by up to a quarter, but in no case to exceed thirty-five years.

* Article amended by the Law 28726published on may 9, 2006 (link: bit.ly/44SEhzn).

Article 49.- Crime continued*

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 for the more serious. If such violations, the agent would have caused harm to a plurality of persons, the penalty shall be increased in a third of the expected maximum for the more serious crime.

The application of the preceding provisions shall not be excluded when they are affected legal property of nature eminently personal belonging to different subjects.

* Article amended by the Law 26683published November 11, 1996 (link: bit.ly/3KqluC0).

Article 50.- Real contest of crimes*

When there are several offences that may be considered as so many other independent crime, will be added imprisonment for a term set by the judge for each of them, up to a maximum of double the penalty for the more serious crime, not to exceed 35 years. If any of these crimes, is sentenced to life imprisonment will apply only to this.

* Article amended by the Law 28730published on may 13, 2006 (link: bit.ly/3qpbK5j).

Article 50-A. - real Contest of faults*

When you perform a plurality of actions that need to be considered as faults independent that hurt several people and violate the same penal precept or precepts of the same or similar nature, shall be liable as a perpetrator of a crime and imposes on him the sentence of imprisonment prescribed for this, taking into account the damage total caused.

* Article incorporated by the Law 29407published on September 18, 2009 (link: bit.ly/3OfqVGe).

Article 51.- Real contest retrospective*

If, after the judgment of conviction is descubriere other punishable act committed before it by the same convicted, shall be subject to criminal prosecution and punishment set by the judge will be added to the previous one, up to a maximum of double the penalty for the more serious crime, not to exceed 35 years. If any of these crimes, is sentenced to life imprisonment, shall only apply it, without prejudice to set the civil redress for the new offence.

* Article amended by the following devices:
1. Law 26832published on 3 July 1997 (link: bit.ly/3DKaiO9).
2. Law 28730published on may 13, 2006 (link: bit.ly/3qpbK5j).

CAPÍTULO III: DE LAS CONVERSIONES

SECCIÓN I: CONVERSIONES DE LA PENA PRIVATIVA
OF FREEDOM

Article 52.- Conversion of the sentence of imprisonment*

En los casos que no fuera procedente la condena condicional o la reserva del fallo condenatorio, el juez podrá convertir la pena privativa de libertad no mayor de dos años en otra de multa, o la pena privativa de libertad no mayor de cinco años en otra de prestación de servicios a la comunidad, o limitación de días libres, a razón de un día de privación de libertad por un día de multa, siete días de privación de libertad por una jornada de prestación de servicios a la comunidad o por una jornada de limitación de días libres.

The judge also you can convert the penalty of imprisonment of not less than four years nor more than ten years by immediate expulsion from the country in accordance with the provisions of article 30 of the Criminal Code, provided that you have complied with the two-thirds of the sentence.

Not be able to convert a sentence of imprisonment the penalty of expulsion to those who are sentenced for the offences established in articles: 129-To, 129-B,129-C, 129-D, 129-F, 129-G, 129-H, 129 I-129 J -, 129-K, 129-L, 129-M, 129-N, 129-Z, 129 -, Or, 186, 188, 189, 296, 297, 303-To, 303-C and 317.

* Article amended by the following devices:
1. Law 26890published December 11, 1997 (link: bit.ly/3qmp5eD).
2. Law 27186published on October 20, 1999 (link: bit.ly/3KmyzgH).
3. Law 29499published on January 19, 2010 (link: bit.ly/45eUw9s).
4. DL 1514published on June 4, 2020 (link: bit.ly/47iiOkK).
5. DL 1573published on October 5, 2023 (link: bit.ly/45rlsCY).
6. DL 1585published on November 22, 2023 (link: lpd.pe/pYNgA).

Article 52-A. - Conversion of the sentence of imprisonment in execution*

The competent court may convert a sentence of imprisonment in execution of conviction, by a penalty, limitation of rights, at the rate of seven (7) days of deprivation of liberty for a day of service to the community or for a day of limitation of the free days, as applicable, and provided that you comply with the assumptions of source and requirements established in the law on the matter.

* Article incorporated by the DL 1300published on December 30, 2016 (link: bit.ly/44R076l).

Article 52-B. - Conversion of the sentence of imprisonment by electronic surveillance staff*

1. The judge, ex officio or at the request of a party, you can convert a sentence of imprisonment in a penalty of electronic surveillance staff in those cases in which:

a. La pena impuesta es no mayor de diez (10) años.

b. The penalty imposed is not less than ten (10) years nor more than twelve (12) years. In this course, jointly to the penalty of electronic surveillance staff, imposes the penalty provision of services to the community or limitation of days off.

2. When the penalty involving deprivation of liberty is in execution, the judge, at the request of a party, you can convert it by the penalty of electronic surveillance staff, if:

to. The penalty in performance is not more than ten (10) years.

b. The penalty in performance is not less than ten (10) years nor more than twelve (12) years. In this course, jointly to the penalty of electronic surveillance staff, imposes the penalty provision of services to the community or limitation of days off.

3. In all crimes culpable provided for in the Penal Code, the Judge imposes preferably the penalty of electronic surveillance staff for the deprivation of freedom-effective, when applicable to the latter.

If the sentence of imprisonment imposed for the crime of negligent is not greater than six (6) years, the Judge, ex officio or at the request of a party, makes the sentence of imprisonment to one of electronic surveillance staff.

4. In all the cases referred to, the calculation of the conversion of sentence of imprisonment for the penalty of electronic surveillance staff is at the rate of one day of deprivation of liberty for a day of electronic surveillance personnel, in accordance with subparagraph 3 of article 29-A of this Code.

* Article incorporated by the DL 1514published on June 4, 2020 (link: bit.ly/47iiOkK). Then it was modified by the DL 1585published on November 22, 2023 (link: bit.ly/3ST0tpP).

Artículo 53.- Revocación de la conversión

If the convicted person does not comply, unjustifiably, with the payment of the fine or the provision of the service assigned to the day of limitation of the free days, the conversion will be revoked, prior, warning, judicial, and must be executed the sentence of imprisonment fixed in the sentence.

Revoked the conversion, the sentence served previously will be deducted in accordance with the following equivalencies:

A day fine for each day of deprivation of liberty; or

2. A day of community service, or a limitation of days off for every seven days of imprisonment.

Artículo 54.- Revocación de la conversión por la comisión de delito doloso

When the doomed comet, within the period of execution of the penalty converted in accordance with article 52, 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 new sentence. Making the discount corresponding to the part of the punishment converted that had been executed before the recall, according to the equivalences referred to in article 53, the convicted will serve the sentence of imprisonment remainder of the first sentence and that will be imposed for the new offence.

SECCIÓN II: CONVERSIÓN DE LA PENA DE PRESTACIÓN DE SERVICIOS A LA COMUNIDAD Y LIMITATIVA DE DÍAS LIBRES

Article 55.- Conversion of sentences limiting rights to custodial*

If the convicted person does not comply, unjustifiably, with the provision of services or the time of day limitation-free applied as penalties autonomous, imposed in the case of a crime or offence, these sanctions will become custodial prior warning, the judiciary, at the rate of one day of imprisonment for each day breached the provision of services to the community or day to day limitation-free.

* Article amended by the Law 28726published on may 9, 2006 (link: bit.ly/44SEhzn).

SECCIÓN III: CONVERSIÓN DE LA PENA DE MULTA

Artículo 56.- Conversión de la pena de multa

If the convicted solvent does not pay the fine or frustrates its compliance, the penalty shall be executed on its goods or converted prior injunction, with the equivalence of one day of imprisonment for each day-fine is not paid.

If the convicted person becomes insolvent due to causes beyond its control, the penalty of fine becomes a limitation of rights, or the provision of services to the community with the equivalence of one day per seven-day-fines unpaid.

The person convicted can pay the fine at any time discounting the equivalent of the custodial sentence or community service orders fulfilled to date.
When is imposed in conjunction sentence of imprisonment and fine, is added to the first that corresponds to the penalty converted.

CAPÍTULO IV: SUSPENSIÓN DE LA EJECUCIÓN DE LA PENA

Article 57.- Requirements*

The judge may suspend the enforcement of the sentence, provided that you meet the following requirements:

1. That the condemnation relates to imprisonment for a term not to exceed five years.

2. The nature, mode of the punishable act, behavior of the proceedings, and the personality of the agent, allow to infer the judge that he will commit a new crime. The favorable prognosis for the future conduct of the convicted person by the judicial authority requires motivation.

3. The agent does not have the status of a recidivist, or habitual.

Exceptionally, it can be applied as set forth in this article when the sentence refers to a sentence of imprisonment of not more than eight years, and the author or accomplice to the crime without a criminal record and are under 25 years old at the time of committing the crime. This course is applicable as provided in paragraph 2 of the preceding paragraph, subject to a motivation boost.

The suspension period is one to four years. In the case of the exception provided for in the previous paragraph the term of suspension may be extended for up to seven (7) years.

The suspension of the execution of the penalty is inapplicable to the officials or public servants convicted for any of intentional crimes provided for in articles 384, 387, second paragraph of article 389, 395, 396, 399 and 401 of the Code, as well as to persons convicted for the crime of assault against women or members of the household of section 122-B, and the crime of minor injuries provided in subparagraphs c), d) and (e) of paragraph 3) article 122.

* Article amended by the following devices:

DL 982published on July 22, 2007 (link: bit.ly/3KkLEqP).
Law 29407published on September 18, 2009 (link: bit.ly/3OfqVGe).
Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
Law 30304published February 28, 2015 (link: bit.ly/3rXQPad).
DL 1351published January 7, 2017 (link: bit.ly/3Oi8YGX).
Law 30710published on December 29, 2017 (link: bit.ly/47eSZCj).
DL 1585published on November 22, 2023 (link: https://bit.ly/3ST0tpP).

Article 58. Rules of conduct*

To suspend the execution of the sentence, the judge imposes the following rules of conduct that are applicable to the case:

Prohibition of frequenting certain places;

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

3. Appear on a monthly basis to the court, personal, and necessarily, to inform and justify their activities;

4. To repair the damage caused by the offence or to comply with its payment in instalments, except when you prove that it is impossible to do so;

5. Prohibition from possessing objects susceptible of facilitating the completion of another offence;

6. Required to undergo a detoxification treatment for drugs or alcohol;

7. Obligation to adhere to treatment programs or employment or educational purposes, organized by the authority for the execution of criminal or competent institution; or,

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

9. Obligation to undergo treatment psychological or psychiatric.

* Article amended by the following devices:
1. Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
2. DL 1351published January 7, 2017 (link: bit.ly/3Oi8YGX).

Article 59.- Effect of non-compliance

If during the suspension period, the convicted person does not comply with the rules of conduct imposed or was convicted of another offence, the Judge may, according to the cases:

Admonish the offender;

2. To extend the period of suspension up to half of the period initially fixed. In any case the extension accumulated exceed three years; or

3. Revoke the suspension of sentence.

Artículo 60.- Revocación de la suspensión de la pena

The suspension shall be revoked if, within the period of test the agent is condemned for the commission of a new intentional crime for which the penalty of imprisonment exceeding three years; in which case it will run the suspended sentence conditionally, and that corresponding for the second punishable act.

Artículo 61.- Condena no pronunciada

The sentence is not 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.

CAPÍTULO V: RESERVA DEL FALLO CONDENATORIO

Article 62. Reservation of conviction. Circumstances and requirements*

The judge may provide for the reservation of the conviction, provided that the individual circumstances, verifiable at the time of the issuance of the judgment, be able to infer that the agent does not commit a new offence. The favorable prognostic about the future conduct of the sentenced by the judicial authority require motivation.

The book is arranged in the following cases:

1. Cuando el delito está sancionado con pena privativa de libertad no mayor de cuatro años o con multa;

2. When the penalty to be imposed does not exceed ninety days of the provision of services to the community or limitation of days off;

3. Cuando la pena a imponerse no supere los dos años de inhabilitación.

Exceptionally, it can be applied as set forth in this article when the sentence refers to a sentence of imprisonment for not more than seven years and the author or accomplice to the crime without a criminal record and are under 25 years old at the time of committing the crime. This course is applicable as provided in the first paragraph, subject to a motivation boost.

The booking period of the sentence is one to three years, counted from the decision to acquire quality of res judicata. In the case of the exception provided for in the previous paragraph the term of suspension may be extended for up to six (6) years.

* Article amended by the following devices:
1. Law 29407published on September 18, 2009 (link: bit.ly/3OfqVGe).
2. Law 30076published August 19, 2013 (link: bit.ly/44KHMrq).
3. DL 1585published on November 22, 2023 (link: lpd.pe/pYNgA).

Article 63.- Effects of the Reservation of Conviction*

The Judge to provide for the reservation of conviction, will not dictate the operative part of the judgment, without prejudice to establish the civil liability that may come from.

The booking of failure shall be recorded in a special log, in charge of the Judiciary. The Log reports exclusively upon the written request of the judges of the Republic, the purpose of verification of the rules of conduct or commission of new intentional crime. The Registry is a special, confidential, and provisional and does not allow, for no reason, to issue certificates for different purposes.

Fulfilled the trial period is without effect the registration automatically and will not be able to be issued by him on record any, under the responsibility. The Judge of origin, at the request of a party, verifies such cancellation.

* Article amended by the Law 27868published November 20, 2022 (link: bit.ly/3OG5mzX).

Article 64.- Rules of conduct*

To provide for the reservation of the ruling, the judge imposes properly motivated by the following rules of conduct that are applicable to the case:

Prohibition of frequenting certain places;