NEW CÓDIGO PROCESAL PENAL

DECRETO LEGISLATIVO Nº 957

INDEX

PRELIMINARY TITLE

BOOK ONE: GENERAL PROVISIONS

SECTION I: The Criminal Action (article 1 to 10)
SECTION II: Civil Action (article 11 to 15)
SECTION III: The Jurisdiction and Competence (article 16 to 59)

Title I: The Jurisdiction (article 16 to 18)
Title II: The Competition (article 19 to 32)

Chapter I: The Competition for the Territory (article 21 to 25)
Chapter II: Objective Proficiency and Functional (article 26 to 30)
Chapter III: The Competition for Connection (article 31 to 32)

Title III: Competition Litigation of criminal Offences (article 33)
Title IV: Issues of Competition (article 34 to 59)

Chapter I: The Challenges of Competition (article 34 to 38)
Chapter II: The Transfer of Competence (article 39 to 41)
Chapter III: The conflict of Competition (article 42 to 45)
Chapter IV: The Accumulation (article 46 to 52)
Chapter V: The Inhibition or Disqualification (article 53 to 59)

SECTION IV: The Public Ministry, and the other parties to the proceedings (article 60 to 113)

Title I: The Public Ministry and The National Police (article 60 of 70)

Chapter I: The Public prosecutor (article 60 to 66)
Chapter II: The Police (article 67 to 70)

Title II: the Accused and The defense Counsel (article 71 to 89)

Chapter I: The Accused (article 71 to 79)
Chapter II: The defense Attorney (article 80 to 85)
Chapter III: the Statement of The Accused (article 86 to 89)

Title III: Legal Persons (article 90 to 93)
Title IV: The Victim (Article 94 of 110)

Chapter I: The Aggrieved (article 94 to 97)
Chapter II: The Actor Civil (article 98 to 106)
Chapter III: The challenger Particular (article 107 to 110)

Title V: The Third Civil (article 111 to 113)

BOOK THE SECOND: THE ACTIVITY PROCEDURE

SECTION I: General rules (article 114 to 154)

Title I: Proceedings (article 114 to 141)

Chapter I: The Formalities (article 114 to 119)
Chapter II: The Proceedings (article 120 (121)
Chapter III: Provisions and Resolutions (article 122 to 126)
Chapter IV: The Notices and Citations (article 127 131)
Chapter V: Communication between Authorities (article 132 and 133)
Chapter VI: The Formation of the Dossier Fiscal, and Judicial (article 134 to 141)

Title II: time limits (article 142 to 148)
Title III: The Invalidity (article 149 to 154)

SECTION II: Test (article 155 to-252)

Title I: General rules (article 155 to 159)
Title II: Means of Proof (article 160 of the 201-A)

Chapter I: The Confession (article 160 of the 161)
Chapter II: The Witness (article 162 to 171)
Chapter III: The Expertise (article 172 to 181)
Chapter IV: The Confrontation (article 182 to 183)
Chapter V: The Documentary Evidence (article 184 to 188)
Chapter VI: The other Means of Proof (article 189 to 201)

Subchapter I: Recognition (article 189 to 191)
Subchapter II: The Judicial Inspection and Reconstruction (article 192 to 194)
Subchapter III: The Special Tests (article 195 of the 201-A)

Title III: The Search for Evidence and Restriction of Rights (article 202 of the 241)

Chapter I: General rules (article 202 to 204)
Chapter II: The Identity Control and video Surveillance (article 205 to 207)

Subchapter I: The Control of Identity Police (article 205 to 206)
Subchapter II: video Surveillance (Article 207)

Chapter III: The investigation (article 208 210)
Chapter IV: The Intervention Body (article 211 to 213)
Chapter V: The Raid (article 214 to 217)
Chapter VI: The Exhibition Forced and Seizure (article 218 to 225)

Subchapter I: Display, and Seizure of Property (article 218 to 223)
Subchapter II: The Exhibition, and the Confiscation of Actions and Documents that are not Private (article 224 to 225)

Chapter VII: The Control of Communications and Private Documents (article 226 to 234)

Subchapter I: The Interception and Seizure Order (article 226 to 229)
Subchapter II: The Intervention of Communications and Telecommunications (article 230 to 231)
Subchapter III: The Assurance, and the Confiscation of Private Documents (article 232 to 234)

Chapter VIII: The Lifting of Banking Secrecy and Tax Reserve (article 235 236)
Chapter X: The Closing or Monitoring of Local and Immobilization (article 237 to 241)

Title IV: Advance Test (article 242 to 246)
Title V: The Measures of Protection (article 247 to-252)

SECTION III: enforcement Procedure (article 253 at 320)

Title I: General rules (article 253 to 258)
Title II: Detention (article 259 to 267)
Title III: Preventive detention (article 268 to 285)

Chapter I: The Budgets of the Preventive detention (article 268 to 271)
Chapter II: The Duration of Preventive detention (article 272 to 277)
Chapter III: The Challenge of Preventive detention (article 278)
Chapter IV: the Reversal of The Appearance for Preventive detention (article 279)
Chapter V: The Incommunicado detention (article 280 to 282)
Chapter VI: The Cessation of Preventive detention (article 283 285)

Title IV: the Appearance of The parties (article 286 to 292-A)
Title V: on The placement on Remand (article 293 to 294)
Title VI: The Impediment of Departure (article 295 to 296)
Title VII: Of the Preventive Suspension of Rights (article 297 to 301)
Title VIII: The attachment (section 302 to 309)
Title IX: Other Real Measures (article 310 to 315)
Title X: The Seizure (article 316 to 320)

BOOK THE THIRD: THE COMMON PROCESS

SECTION I: The Preparatory Research (article 321 to 343)

Title I: General provisions (article 321 to 325)
Title II: The Complaint and the Initial Acts of the Investigation (article 326 to 333)

Chapter I: The Denunciation (article 326 to 328)
Chapter II: Initial Acts of the Investigation (article 329 to 333)

Title III: The Preparatory Research (article 334 to 339)
Title IV: Special Acts of Investigation (article 340 341)
Title V: Conclusion of the Preparatory Research (article 342 to 343)

SECTION II: The Intermediate Stage (article 344 of the 355)

Title I: The Dismissal (article 344 to 348)
Title II: The Indictment (article 349 to 352)
Title III: The Car of Prosecution (article 353 to 354)
Title IV: The writ of Summons to Judgment (article 355)

SECTION III: The Judgment (article 356 of the 403)

Title I: General rules (article 356 to 366)
Title II: Preparing for The Discussion (section 367 to 370)
Title III: the Development of The Judgment (article 371 to 372)
Title IV: The role of Probation (article 375 to 385)
Title V: closing Arguments (article 386 to 391)
Title VI: The Deliberation and Judgment (article 392 of the 403)

BOOK FOUR: THE CHALLENGE

SECTION I: General rules (article 404 to 412)
SECTION II: Resources (article 413 414)
SECTION III: The Remedy of Replacement (article 415)
SECTION IV: The Appeal

Title I: General rules (article 416 to 419)
Title II: The Appeal of Cars (article 420)
Title III: The Appeal of Judgments (article 421 to 426)

SECTION V: The Appeal (article 427 to 436)
SECTION VI: The Complaint (article 437 to 438)
SECTION VII: Action Review (article 439 to 445)

FIFTH BOOK: THE SPECIAL PROCESSES

SECTION I: The Process Immediately (article 446 to 448)
SECTION II: The Process by Reason of the Public office (article 449 to 455)

Title I: The Process for Crimes of a Function Attributed to High-level Public Officials (article 449 to 451)
Title II: The Process by Common Crimes Attributed to members of congress and Other High-ranking Officials (article 452 to 453)
Title III: The Process for Crimes of a Function Attributed to Other Public Officials (article 454 455)

SECTION III: The Process of Security (article 456 to 458)
SECTION IV: Process for the Crime of Private practice of Criminal Action (article 459 of the 467)
SECTION V: The Process of Early Termination (article 468 to 471)
SECTION VI: Process for Effective Collaboration (article 472 of the 481)
SECTION VII: The Process by Faults (section 482 of the 487)

SIXTH BOOK: THE EXECUTION AND THE COSTS

SECTION I: The Execution of the Judgment (article 488 al 496)
SECTION II: Costs (section 497 to 507)

BOOK SEVEN: THE INTERNATIONAL JUDICIAL COOPERATION

SECTION I: General guidelines (section 508 to 512)
SECTION II: The Extradition (article 513 to 527)

Title I: General terms and Conditions (article 513 to 515)
Title II: The Extradition Passive (article 516 of the 524)
Title III: The Extradition Active (article 525 to 527)

SECTION III: International Legal Assistance (article 528 to 537)
SECTION IV: due Diligence on the outside (article 538 to 539)
SECTION V: Enforcement of Sentences (article 540 to 549)

Title I: Sentences and Measures involving Deprivation of Liberty Effective (article 540 to 544)
Title II: The Other Sentences and Security Measures (article 545 to 549)

SECTION VI: The Controlled Delivery (article 550 to 553)
SECTION VII: Cooperation with the International Criminal Court (article 554 of the 566)

Title I: General Aspects (article 554 to 556)
Title II: The Arrest and Surrender of Persons and the Temporary Detention (article 557 to 561)
Title III: Other Acts of Cooperation (article 562 to 564)
Title IV: The Enforcement of the Sentence (article 565 of the 566)

SUPPLEMENTARY PROVISIONS
FINAL PROVISIONS
TRANSITIONAL PROVISIONS
DISPOSICIONES MODIFICATORIAS Y DEROGATORIAS

PRELIMINARY TITLE

Article I. Criminal Justice

1. Criminal justice is free of charge, except for the payment of the costs of the proceedings established in accordance with this Code. Is provided with impartiality by the competent court and in a reasonable time.

2. Every person has the right to a trial, oral, public, and contradictory, developed in accordance with the standards of this Code.

3. The parties shall participate in the process with equal opportunities to exercise the powers and rights under the Constitution and this Code. The judges will preserve the principle of equality of arms, having to pave all the obstacles that would prevent or hinder its validity.

4. The decisions are subject to appeal, in the cases and in the manner prescribed by Law. The judgments or orders which put an end to the instance are susceptible of appeal.

5. The State guarantees compensation for judicial error.

Article II. Presumption of innocence

1. Every person 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 a judgement which must be duly substantiated. 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 person as guilty, or provide information in this regard.

Article III. Interdiction of criminal persecution multiple

No one may be prosecuted, or punished more than once for the same fact, always dealing with the same subject and foundation. This principle applies to the criminal and administrative penalties. The criminal law has precedence over the administrative law.

The exception to this rule is the review by the Supreme Court of the judgment of conviction issued in any of the cases in which the action is indicated limited as originating in this Code.

Artículo IV. Titular de la acción penal

1. El Ministerio Público es titular del ejercicio público de la acción penal en los delitos y tiene el deber de la carga de la prueba. Asume la conducción jurídica de la investigación que implica la orientación legal de las acciones que realiza la Policía dentro de los parámetros de la ley para la obtención de los elementos de prueba, indicios o lo que se considere necesario para la investigación, garantizando el respeto de los derechos procesales de las personas.(*)

2. El Ministerio Público está obligado a actuar con objetividad, indagando por intermedio de la Policía Nacional del Perú los hechos constitutivos del delito, que determinen y acrediten la responsabilidad o inocencia del imputado. Con esta finalidad, conduce jurídicamente los actos de investigación que realiza la Policía Nacional del Perú.(*)

3. La investigación que practica la Policía Nacional del Perú, con la conducción jurídica del Ministerio Público, no tiene carácter jurisdiccional. Cuando fuera indispensable una decisión de esta naturaleza, la requerirá del órgano jurisdiccional competente, motivando debidamente su petición.(*)

4. La Policía Nacional del Perú tiene a su cargo la investigación preliminar del delito y, en tal sentido, realiza las diligencias que, por su naturaleza, correspondan a dicha competencia, de conformidad con sus leyes y reglamentos.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf)

Article V. judicial Competence

1. Corresponds to the court the address of the intermediate stage and, especially, of the judgement, as well as issuing statements and other resolutions provided for in the Law.

2. No one may be subjected to penalty or measure of security, but by resolution of the court is determined by the Law.

Article VI. Legality of the measures limiting of rights

The measures that restrict fundamental rights, except for the exceptions provided for in the Constitution, may only be issued by the judicial authority, in the mode, manner and with the guarantees provided by the Law. Shall be punishable by a reasoned resolution, at the instance of the procedural part legitimized. The court order must be supported by sufficient evidence, in consideration of the nature and purpose of the measure and the fundamental right subject to limitation, as well as to respect the principle of proportionality.

Article VII. Validity and interpretation of the criminal procedure Law

1. The criminal procedure Law is of immediate application, even to the process in the process, and is the law governing at the time of the procedural action. However, it will continue to be governed by the previous Law, the media impugnatorios already brought, the procedural acts with the principle of execution and the time limits that would have begun.

2. The procedural Law relating to individual rights is more favourable to the accused, issued subsequent to the procedural action, will apply retroactively, even for actions already completed, if possible.

3. The Law that coacte the freedom or the exercise of the procedural rights of the people, as well as the limit of a power granted to the parties or set procedural sanctions, will be interpreted restrictively. The extensive interpretation and analogy, are prohibited while not conducive to the freedom of the accused or the exercise of their rights.

4. In case of insuperable doubt on the Law applicable shall be the most favourable to the defendant.

Article VIII. Legitimacy of the test

1. All means of proof will be valued only if it has been produced and incorporated into the process by a procedure constitutionally legitimate.

2. Lack of legal effect of the evidence obtained, directly or indirectly, in violation of the essential content of fundamental rights of the person.

3. The non-observance of any rule of constitutional guarantee established in favour of the accused may not be enforced in its detriment.

Article IX. Right defence

1. Every person has the inviolable right and unrestricted to be informed of their rights, which will be communicated promptly and in detail of the imputation made against them, and to be assisted by a Lawyer of their choice or, in his case, by a court-appointed attorney, since it is cited or detained by the authority. You also have the right to be granted a reasonable time to prepare his defence; to exercise self-defense material; to intervene, in full equality, in the activity of proof; and, in the conditions provided for by Law, to use the means of proof relevant. The exercise of the right of defence extends to the whole state and extent of the procedure, in the manner and opportunity that the law says.

2. No one can be forced or induced to declare or acknowledge guilt against himself, against his spouse, or their relatives within the fourth degree of consanguinity or second of affinity.

3. The criminal process guarantees, also, the exercise of rights of information and participation procedure to the person aggrieved or injured by the crime. The public authority is obliged to ensure their protection and to provide you with a treatment in accordance with your condition.

Article X. Prevalence of the rules of this Title

The rules in this Title shall prevail over any other provision of this Code. Will be used as the foundation of interpretation.

LIBRO PRIMERO: DISPOSICIONES GENERALES

SECTION I: THE CRIMINAL ACTION

Article 1. Criminal action

The criminal action is public.

1. Their exercise in the crimes of persecution, public, corresponds to the Public Ministry. Shall be ex officio, at the instance of the aggrieved by the offence or by any person, natural or legal, by popular action.

2. In the crimes of persecution private corresponds to pursue it directly offended by the offender before its competent court. Requires the filing of a complaint.

3. In the crimes that require the prior instance directly offended by the crime, the exercise of criminal action by the Public prosecutor's office is conditioned to the complaint of the person authorized to do so. However, this, the Public prosecutor may request the holder of the instance the corresponding authorization.

4. When is the authorization of the Congress or other public body for the exercise of the criminal action, he observed the procedure provided by Law to leave expedite the promotion of criminal action.

Article 2. Principle of opportunity*

1. The Public Ministry, of his own motion or at the request of the defendant, and with your consent, you may refrain from the exercise of the criminal action in any of the following cases:

(a) When the agent has been severely affected by the consequences of his crime, negligent or intentional, provided that the latter is sentenced to imprisonment for a term not exceeding four years, and the penalty is unnecessary.

(b) When it comes to crimes that do not seriously affecting the public interest, except when the extreme minimum of the penalty is more than two years of imprisonment, or committed by a public official in the exercise of his office.

c) When, under the circumstances of the event and to the personal circumstances of the accused, the Prosecutor can appreciate that attend the assumptions extenuating articles 14, 15, 16, 18, 21, 22, 25 and 46 of the Criminal Code, and be warned that there is no public interest has been seriously compromised in their persecution. It will not be possible in the case of a crime leaded him with a penalty greater than four years of imprisonment, or committed by a public official in the exercise of his office.

2. In the cases referred to in points (b) and (c) of the above paragraph, it will be necessary that the agent has repaired the damages caused, or there is an agreement with the aggrieved person in that sense.

3. The Prosecutor will summon the accused and the aggrieved with the order to perform the diligence of agreement, letting herself be recorded in the minutes. In case of absence of the injured, the Prosecutor may determine reasonably the amount of the civil redress as appropriate. If you do not reach an agreement on the time limit for the payment of the civil remedies, the Tax shall not exceed nine months. It shall not be necessary referred diligence if the accused and the victim to come to an agreement, and this consists in a public instrument or a private document legalized by a notary public.

4. Performed due diligence provided in the previous paragraph and pleasing to the civil remedies, the Prosecutor shall issue a Provision of Abstention. This provision prevents, under penalty of invalidity, that another Prosecutor may promote or order that promotes criminal action by a report that contains the same facts. There is a time limit for the payment of the civil redress, will be suspended the effects of this decision until its effective enforcement. Not occur, the payment will be available for the promotion of criminal action, which shall not be appealable.

5. If the Prosecutor considers it essential, in order to suppress the public interest in the prosecution, was not opposed to the gravity of the responsibility, impose in addition the payment of an amount for an institution of social interest or State and the application of the rules of conduct provided for in article 64 of the Criminal Code, to require the approval of the abstention to the Judge of the Preparatory Research, which resolved after a hearing of the interested parties. Are applicable to the provisions of paragraph (4) of this article.

6. Regardless of the cases referred to in paragraph (1) applicable agreement reparatorio in the offences provided for and penalized in articles 122, 149 first paragraph, 185, 187, 189-A, first paragraph, 190, 191, 192, 193, 196, 197, 198, 205 and 215 of the Criminal Code and the crimes culpable. Does not apply this rule when there are a plurality of important casualties or competition with another crime; except that, in this latter case, it is less serious or which affects legal property available.

El Fiscal de oficio o a pedido del imputado o de la víctima propondrá un acuerdo reparatorio. Si ambos convienen el mismo, el fiscal se abstendrá de ejercitar la acción penal. Si el imputado no concurre a la segunda citación o se ignora su domicilio o paradero, el Fiscal promoverá la acción penal. Rige en lo pertinente  el numero 3) del presente artículo.

7. If the criminal action had been promoted, the Judge of the Preparatory Research, after a hearing, may, at the request of the Public Ministry, with the approval of the defendant, and citation of the aggrieved person, issue writ of dismissal —with or without the rules laid down in paragraph (5)— up to before you made the accusation, under the assumptions already in place. This resolution shall not be appealable, except as to the amount of the civil redress if this is set by the Judge in the absence of agreement between the accused and the victim, or with respect to the rules imposed if these are disproportionate and affect unreasonably the legal situation of the accused.

8. The Prosecutor may also abstain from the exercise of the criminal action, then the corresponding verification, in cases in which the agent understood in the commission of the crimes provided for by articles 307-A, 307-B, 307-C, 307-D and 307-E of the Criminal Code, stop their illicit activities on a voluntary basis, definitive and unquestionable, communicating this fact to the Agency of Assessment and Environmental Control by instrument of a date certain. If the criminal action had already been promoted, are applied, where relevant, the same rules laid down in this article.

9. Not applicable the application of the principle of opportunity or of the agreement reparatorio when the person has:

(a) Has the status of a recidivist, or habitual, in accordance with articles 46-B 46-C of the Criminal Code;

(b) Without having the condition of recidivist, or habitual, had availed himself of the principle of opportunity or agreement reparatorio on two previous occasions, within five years of your last application, provided that, in all cases of offences of the same nature or that violate a legal right;

c) Without having the condition of recidivist, or habitual, had availed himself of the principle of opportunity or agreement reparatorio within the five years preceding the commission of the violation; or

d) Without having the condition of recidivist, or habitual, it had been accepted prior to the beginning of opportunity or agreement reparatorio and has not complied with to repair the damages caused by or set forth in the agreement reparatorio.

In these cases, the Prosecutor promotes unfailingly the criminal action and proceeds in accordance with its terms of reference. The provisions of paragraph 9) is applicable also to the cases in which it has promoted the criminal action.

* Artículo modificado por los siguientes dispositivos:
1. DL 1102, publicado el 29 de febrero de 2012.
2. Law 30076, publicada el 19 de agosto de 2013.
3. DU 008-2020, publicado el 9 de enero de 2020.

Article 3. Communication to the Judge of the continuation of the research

The Public prosecutor's office shall inform the Judge of the Preparatory Research its formal decision to proceed with the preparatory research.

Article 4. 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.

Article 5. Question

1. The question comes when the Prosecutor decides to proceed with the Preparatory Research, despite the fact that may be necessary on route extra – criminal a statement linked to the character delinquent of the fact in question.

2. If it is declared to be founded, the Research School is suspended until the other pathway rests with firm resolution. This decision is beneficial to all defendants who are in the same legal situation and not have been deducted.

3. In the event that the process extra – criminal has not been promoted by the person entitled to do so, you will be notified and will be required to do so within the period of thirty days counted from the time which has remained firm resolution precedent. If that period is not complied with to do so, the Provincial Prosecutor in the Civil, as long as it is a punishable act punishable by public exercise of the criminal action, you need to promote it with a citation of the parties concerned. In one or another case, the Prosecutor is authorized to step in and continue the process until its completion, as well as replace the holder of the share if it's not what he says.

4. What solved in the way extra – penal depends on the prosecution or the dismissal of the final cause.

Article 6. Exceptions

1. The exceptions that can be drawn are the following:

(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) Prescription, 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.

2. 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.

Article 7. Opportunity of the means of defense

1. The preliminary question, question and exceptions arise once the Prosecutor has decided to proceed with the preparatory research, or to answer the complaint before the Judge and necessarily solve before leaving the Intermediate Stage.

2. The preliminary question, and the exceptions can be deducted during the Intermediate Stage, at the time fixed by the Law.

3. The means of defence referred to in this device, may be declared ex officio.

Article 8. Proceedings of the means of defense

1. The preliminary question, question and any exceptions that are taken during the Preparatory Research will be addressed through the application properly grounded before the Judge of the Preparatory Research that received the communication referred to in article 3°, attaching, be the case, the elements of conviction that apply to you.

2. The Judge of the Preparatory Research, once that information had been gathered by the Prosecutor about the parties to the proceedings apersonados in the cause and then advise the admission of the means of defence deducted, within the third day will likely set a date for the completion of the hearing, which will be held with those who attend the same. The Attorney will attend mandatory and will display the record prosecutor for immediate consideration by the Judge in that act.

3. Installed the hearing, the Judge of the Preparatory Research will listen for your order, the defense attorney who suggested the means of defence, the Prosecutor, the defender of the complainant and the defender of the legal person according to the provisions of article 90° and the third civil. In the turn they deserve, participants will make mention of the elements of conviction entered in cars, or who have accompanied you in court. If you attend the accused has a right to intervene in the end.

4. The Judge of the Preparatory Research will resolve immediately or, in any event, within two days after held the view. Exceptionally, and up to twenty-four hours, you can retain the record prosecutor to resolve the middle of defence deduced, that will be through self properly informed.

5. When the means of defense is deduced during the Intermediate Stage, in the opportunity set out in article 350°, will be resolved in accordance with the provisions of article 352°.

6. The preliminary question, question and exceptions deducted in favor of one of the alleged benefits others, provided they are in the same legal situation.

Article 9. Appeal

1. Against the order issued by the Judge of the Preparatory Research proceeds on appeal.

2. Granted the appeal, the Judge of the Preparatory Research and shall have, before the elevation of the resource to the Criminal Chamber Top, that within the fifth day is added to the actuated formed in a court certified copies of the relevant records prosecutor. If it takes the term without've added the relevant copies, the Judge must immediately raise the actuated to the Criminal Chamber above, without prejudice to put this fact in the knowledge of the Prosecutor Higher will urge the Provincial Prosecutor to complete the binder of appeal.

Article 10. Evidence of crimes in the process extra – criminal

1. When in the course of a process of extra – criminal to appear evidence of the commission of the crime of persecution public the Judge, ex officio or at the request of a party, communicate to the Public prosecutor for the purposes related to it.

2. If the Prosecutor after the first few errands decides to continue with the Research School will communicate to the Judge's extra-criminal, who will stop the process whenever you feel that the criminal judgment can influence the resolution that corresponds to dictate.

SECTION II: CIVIL ACTION

Article 11. Exercise and content

1. The exercise of the civil action arising from the fact punishable corresponds to the Public Ministry and, especially, the injured person for the crime. If the injured party is an actor civil, stops the legitimacy of the Public prosecutor to intervene in the object's civil process.

2. Its scope includes the actions set out in article 93° of the Criminal Code and includes, to ensure the return of the goods, and whenever possible, the declaration of invalidity of legal acts that are applicable, with citation of the affected.

Article 12. Exercise alternative and accesoriedad

1. The injured person for the offence may exercise the civil action in the criminal proceedings or before the Civil Court. But once you opt for one of them, you may not deduct it in the other courts.

2. If the prosecution could not proceed, either have the booking process or suspended for any legal consideration, the civil action arising out of the punishable act may be brought before the Civil Court.

3. The acquittal or order of dismissal shall not prevent the court rule on the civil action arising out of the punishable act validly exercised, when appropriate.

Article 13. Withdrawal

1. The complainant may be withdrawn its claim for civil redress to before the beginning of the Intermediate Stage of the process. This does not prejudice your right to exercise it in the way of civil proceedings.

2. The rescission creates the obligation to the payment of costs.

Article 14. Transaction

1. The civil action arising out of the punishable act may be the subject of the transaction.

2. Once the transaction is formalized before the Judge of the Preparatory Research, which is not allowed opposition of the Public prosecutor, the Prosecutor shall not seek civil redress in his accusation.

Article 15. Nullity of transfers

1. The Public prosecutor or the complainant, as the case may, where appropriate to apply the provisions of article 97° of the Criminal Code or in the case of property subject to forfeiture in accordance with article 102 of this Code, that would have been transferred or encumbered fraudulently, without prejudice to the annotation preventive and/or other appropriate action, ask in the same criminal proceedings, the invalidity of such transfer or encumbrance imposed on the good.

2. The procedure is subject to the following rules:

(a) Once you've identified a transfer of a commodity that is subject to confiscation or that can respond to the civil remedies, and that is deemed to fall within the provisions of the first paragraph of this article, the Public prosecutor or the complainant, will be introduced and explained to the claim anulatoria and will urge the Judge of the Preparatory Research available to the Prosecutor the formation of the binder of nullity of transfer. In that same notice will provide the relevant test.

(b) The Judge shall be served to the requirement of the nullity of the accused, the purchaser and/or holder of the well-challenged or the one in whose favour it was taxed good, so that in the fifth day of notified speak out about the petition of nullity. The located, together with your reply, shall provide proof that they deem convenient.

c) The Judge acquitted the application or expiration of the term corresponding to be the case, call a hearing within the fifth day for the performance of the tests offered, and listen to the pleadings of the participants. To its completion, with the written conclusions of the parties, the Judge shall issue the resolution terminating the procedure incidental. Have standing to intervene in the performance evidence the parties and the persons indicated in the above paragraph.

d) The court having jurisdiction for judgment to rule on the invalidity respondent. All standing to intervene in this incident can participate in all the proceedings that may affect your right and, especially, in the oral proceedings, that may make written pleadings and oral arguments. In this last case, will intervene after the third civil.

(e) This claim can also be filed during the Intermediate Stage, at the time fixed by the Law.

SECTION III: JURISDICTION AND VENUE

TÍTULO I: LA JURISDICCIÓN

Article 16. Jurisdiction

The jurisdictional power of the State in criminal matters is exercised by:

1. The Criminal Chamber of the Supreme Court.

2. The Criminal courts of the Superior Courts.

3. The Criminal Courts, are constituted in the collegiate bodies, or of one person, according to the competence assigned to it by the Law.

4. The Courts of the Preparatory Research.

5. The justices of the Peace Lawyers, with the exceptions provided by Law for the justices of the Peace.

Article 17. Improrrogabilidad of criminal jurisdiction

The jurisdiction of ordinary criminal is non-extendable. Extends to crimes and misdemeanors. Takes place according to the criteria of application defined in the Criminal Code and in the International Treaties concluded by the State, duly approved and ratified under the Constitution.

Article 18. Limits of the jurisdiction of ordinary criminal

The jurisdiction of ordinary criminal is not competent to know:

1. Of the offences referred to in article 173° of the Constitution.

2. Of the punishable acts committed by adolescents.

3. Of the punishable acts in the cases provided for in article 149° of the Constitution.

TITLE II: COMPETITION

Article 19. 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 20. 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.

CAPÍTULO I: LA COMPETENCIA POR EL TERRITORIO

Article 21. 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. For the place where you found the accused.

Article 22. 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 driver of the means of transport will be the fact in the knowledge of the police authority of the place indicated.

2. The police authority shall report immediately to the Provincial Prosecutor for appropriate, in accordance with their terms of reference.

Article 23. Crime committed in the foreign

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

1. By the place where the accused had his last domicile 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 24. Serious offences or of national importance*

Particularly serious criminal offences, or those that produce impact national whose effects are beyond the scope of a District Court, or committed by criminal organizations, which are established by Law, may be known by certain judges of the jurisdiction of ordinary criminal, under a specific system of territorial organization and functional, as determined by the governing Body of the Judiciary.

Los delitos de tráfico ilícito de drogas, lavado de activos, terrorismo, trata de personas, sicariato; y, los delitos de secuestro y extorsión que afecten o en los que estén implicados funcionarios/as del Estado, son de conocimiento de los Jueces de la Capital de la República, con prescindencia del lugar en el que hayan sido perpetrados

* Artículo modificado por los siguientes dispositivos:
1. DL 983, publicado el 22 de julio de 2007.
2. DL 1605, publicado el 21 de diciembre de 2023 .

Article 25. Value of the procedural acts already made

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

CHAPTER II: OBJECTIVE PROFICIENCY AND FUNCTIONAL

Article 26. Competence of the Criminal Chamber of the Supreme Court

It is up to the Criminal Chamber of the Supreme Court:

1. Hear the appeal against the judgments and orders issued in the second instance by the Criminal courts of the Superior Courts, in the cases provided by Law.

2. Learn the complaint for denial of appeal.

3. Transfer responsibility in the cases provided by Law.

4. To know of the action review.

5. To resolve the issues of competence laid down in the Law, and between the ordinary courts and the military.

6. Ask the Executive branch to access the extradition active and issue resolution advisory regarding the appropriateness of the extradition passive.

7. To resolve the objection raised against its Judges.

8. To judge in cases of crimes of function that points to the Constitution.

9. Understanding of the other cases that this Code and the Laws determine.

Article 27. Jurisdiction of the Criminal courts of the Superior Courts

It is up to the Criminal courts of the Superior Courts:

1. Hear the appeal against orders and judgments in the cases provided for by Law, issued by the Judges of the Preparatory Research and Criminal Judges —collegiate or individuals.

2. To settle the strife of competence of the Judges of the Preparatory Research and Criminal Judges —collegiate or individuals of the same or different Judicial District, which corresponds to hear and decide, in this latter case, the Criminal Chamber of the Judicial District to which it belongs by the Judge warned.

3. Resolve incidents that are promoted in your instance.

4. Dictate, at the request of the Prosecutor, Superior measures restrictive of the rights to which they are entitled.

5. Learn the complaint in the cases provided by Law.

6. Designate the Vocal least old of the Room to act as a Judge of the Preparatory Research in the cases provided for by Law, and perform the trial in such cases.

7. To resolve the objection raised against its Judges.

8. Get to know the other cases that this Code and the Laws determined.

Article 28. Material competence and functional of the Criminal Courts

1. The Criminal Courts Collegiate, composed of three judges, and learn materially from those crimes that are listed in the Law, in its extreme minimum, a sentence of imprisonment longer than six years.

2. The Criminal Courts of one person will know materially from those whose knowledge is not attributed to the Criminal Courts Collegiate.

3. Belongs functionally to the Criminal Courts, sole proprietorships or Licensed to, the following:

(a) Direct the trial stage in the processes according to Law have a need to know;

(b) Resolve incidents that are promoted during the course of the trial;

c) Know of other cases that this Code and the Laws determined.

4. The Criminal Courts Collegiate, functionally, you will also learn about the applications on recast, or an accumulation of penalties;

5. The Criminal Courts of one person, functionally, you will also learn about:

(a) Of the incidents of prison benefits, in accordance with the provisions of the Code of Execution of Criminal liability;

(b) The appeal filed against a decision issued by justice of the Peace; Lawyer;

c) The complaint in the cases provided for by Law;

d) Of the resolve such conflicts of the issues of competition among the Justices of the Peace Scholars.

Article 29. Competence of the Courts of the Preparatory Research

It is incumbent upon the Courts of the Preparatory Research:

1. Know the issues arising from the constitution of the parties during the Preparatory Research.

2. Impose, modify or terminate the measures restrictive of rights during the Preparatory Research.

3. Perform the procedure for the performance test in advance.

4. Driving the Intermediate Stage and the execution of the sentence.

5. To exercise the control acts set forth in this Code.

6. Order, in case of crime as a result of death, if he had not registered the death, and they always had identified the corpse, the corresponding registration in the National Registry of Identification and Civil Status.

7. Know of other cases that this Code and the Laws determined.

Article 30. Jurisdiction of the Courts of the Peace Lawyers

It is up to the justices of the Peace Lawyers to know the processes by faults.

CHAPTER III: THE COMPETITION FOR CONNECTION

Article 31. Connection procedure

There is a connection of processes in the following cases:

1. When is imputed to a person the commission of various crimes.

2. When several people to appear as perpetrators or participants in the same punishable act.

3. When several people linked by the same will, the criminal has committed various offences at a time and place different.

4. When the fact delinquent has been committed to facilitating another crime, or to ensure the impunity.

5. When dealing with allegations reciprocal.

Article 32. Competition for connection*

In the event of the connection provided for in article 31, the jurisdiction shall be determined:

1. In paragraph (1), corresponds to the Judge of the crime with more serious penalty. To equal severity, corresponds to the Judge who first received the communication provided for in article 3.

2. In the numeral 2), the jurisdiction shall be determined indirectly by the date of commission of the offence, by the shift in the time of the communication referred to in paragraph (3) or who had the most advanced process. In the case of prosecutions in the various judicial districts, the competition is set by reason of the territory.

3. In items (3) and (5), corresponds to the one who knows the offense with more serious penalty. Equally serious is the responsibility of the judge in criminal first would have received the communication referred to in article 3.

4. In paragraph (4) shall correspond to the one who knows of the crime with more serious penalty.

* Article amended by the Law 30076, publicada el 19 de agosto de 2013.

TITLE III: CONTEST PROCEDURAL CRIME

Article 33. Pending

1. In the case of bankruptcy of crimes subject to various legal proceedings, the procedure shall be in accordance to the one that corresponds to the offense with more serious penalty.

2. The processes for crimes of private action will follow the same rules, but the accumulation will only take place between them.

TITLE IV: ISSUES OF COMPETITION

CHAPTER I: THE CHALLENGES OF COMPETITION

Article 34. Challenges to competition

1. During the Preparatory Research the accused, the complainant or the third civil may request challenges of competition.

2. The request comes when the Judge is committed to knowledge of a crime, you are not entitled to by reason of the matter, hierarchy or territory. The Judge shall decide, in accordance with the procedure provided for —as appropriate— to in article 8 in fine, by a reasoned decision.

Article 35. Opportunity to request pleas

The request of declination of jurisdiction shall be lodged within ten days of formalized research.

Artículo 36. Remisión del proceso

Consensual resolution that declares it to be well-founded, the process will be forwarded to whom it may concern, with knowledge of the parties.

Artículo 37. Recurso de apelación

Against the decision referred to in article 34° is appropriate to appeal to the Criminal Upper, that will be settled in the last instance.

Article 38. Value of the procedural acts

The procedural acts validly made before the motion retain their effectiveness.

CHAPTER II: THE TRANSFER OF COMPETENCE

Article 39. Source 

The transfer of competence is available only when circumstances are insurmountable prevent or seriously disturbing the normal development of the investigation or the prosecution, or if it is real or imminent danger uncontrollable against the security of the processing or your health, or when it is seriously affected the public order.

Article 40. Pending

1. The transfer may request the Prosecutor, the accused, and the other parties pointing out the fundamentals and attaching the test. Formed the incident will be made aware of the other parties to the proceedings, who, at the end of five days, we will present what is convenient. The deadline will be elevated to the incident.

2. The Room resolved within three days.

Article 41. Resolution

1. The transfer of jurisdiction of the court within the same Judicial District, shall be resolved by the Criminal Chamber Top.

2. When it comes to the Judge of a different Judicial District, or the Criminal Chamber of the Higher, the resolve, the Criminal Chamber of Supreme.

CHAPTER III: THE RACE OF COMPETITION

Article 42. 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 rise in the term of three days to the Criminal Chamber Top, to resolve, in the last instance within the fifth day of receipt of the car.

Article 43. 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 Criminal Chamber Upper resolved.

Article 44. 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.

3. People who do not have the condition required by article 99° of the Constitution, those who are accused have been involved in the crimes committed in the exercise of their functions by Senior Public Officials, will be processed before the Supreme Court of Justice in conjunction with those.

4. The same provision applies to cases that must be knowledge of the Superior Court of Justice.

Article 45. 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 Criminal Chamber and Top the parties. If, on the contrary, it asserts its jurisdiction, it shall submit the binder with respect to the Criminal Chamber Top.

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

3. The race of competition between Rooms Criminal Upper will be resolved by the Criminal Chamber of Supreme.

CHAPTER IV: THE ACCUMULATION

Article 46. Accumulation of separate processes

When in cases of connection would have to be independent processes, the accumulation will take place in accordance with the rules of the competition.

Article 47. Accumulation mandatory and optional

1. The accumulation is mandatory in the course of the paragraph 2 of article 31°.

2. In other cases shall be optional, provided that the processes are in the same state, and instance, and do not cause serious delay in the administration of justice.

Article 48. Accumulation of ex officio or at the request of a party

1. The accumulation can be decided ex officio or at the request of the parties, or as a result of a contest in the competition that leads to it.

2. Against the decision ordering the accumulation during the Preparatory Research is appropriate to appeal to the Criminal Chamber Top, which will resolve within five business days.

Article 49. Accumulation for the prosecution 

The build-up to the Trial may be ordered of its own motion or at the request of the parties. Against this decision proceeds on appeal. The resolution of the Criminal Chamber Top that absolves the degree, shall be issued within five business days. Against this resolution is not appropriate recourse.

Article 50. Inappropriateness of the accumulation 

The build is unfair, when one of the processes is by public action and the other by private action; or, when one of them is dealt with in the ordinary jurisdiction and the other in the military.

Article 51. Separation processes accumulated and imputations related

Exceptionally, to simplify the procedure and decide promptly, provided that there are sufficient elements to be able to learn independence, it is appropriate for the separation of processes accumulated or allegations or related crimes that require investigation or special terms longer for his conduct, unless it is deemed that the unit is required to prove the facts. For these purposes, shall provide for the training of notebooks separated.

Article 52. 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 will give priority to incidents of accumulation in the point of view of the cause.

CHAPTER V: THE INHIBITION OR DISQUALIFICATION

Article 53. Inhibition

1. The Judges 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 consanguinity or second of affinity, 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 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 intervened before a Judge or a Prosecutor in the process, or as an expert witness, witness, or attorney of any of the parties or of the victim.

(e) Cuando hubieran aconsejado o manifestado su opinión sobre la causa a alguna de las partes del proceso o exista cualquier otra causa, fundada en motivos graves, que afecte su imparcialidad. Esta disposición alcanza también a los fiscales en los mismos términos, incurriendo en falta muy grave prevista en la Ley 29277, Ley de la Carrera Judicial.(*)

2. Inhibition shall be recorded in writing, with the express indication of the causal invoked. Shall be submitted to the Criminal Chamber Higher in the case of the Judge of the Preparatory Research and the Criminal Judge, 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.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 54. 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 disqualification is based on any of the grounds referred to in article 53°, 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. La recusación será interpuesta hasta antes de la emisión del acto que pone fin a cada etapa del proceso. No obstante ello, si con posterioridad al inicio de la audiencia el Juez advierte —por sí o por intermedio de las partes— un hecho constitutivo de causal de inhibición deberá declararse de oficio. El Juez que no cumpla con inhibirse en este supuesto incurre en falta muy grave prevista en la Ley 29277, Ley de la Carrera Judicial.(*)

3. Cuando se trate del procedimiento recursal, la recusación será interpuesta hasta un día hábil antes de la audiencia de vista de la causa. El órgano revisor tiene el deber de conceder el plazo de tres días a las partes para que ejerzan el derecho de recusar al Juez o a los jueces de revisión. Los integrantes del órgano revisor que no cumplan con este deber incurren en falta muy grave prevista en la Ley 29277, Ley de la Carrera Judicial.(*)

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

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 55. 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 56. 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 57. Special procedures

1. When it comes to members of the courts registered, you will follow the same procedure provided for 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 court referee, he shall know of the same, the court called for the Law.

Article 58. 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 59. Actions that could not wait 

Pending resolve the inhibition or disqualification, the Judge will be able to perform all those proceedings provided for in article 52°.

SECTION IV: THE PUBLIC MINISTRY, AND THE OTHER PARTIES TO THE PROCEEDINGS

TITLE I: THE PUBLIC MINISTRY AND THE NATIONAL POLICE

CHAPTER I: THE PUBLIC PROSECUTOR'S OFFICE

Artículo 60. Funciones

1. The Public Ministry is the holder of the exercise of the criminal action. Acting ex officio, at the request of the victim, by action or popular by news police.

2. El Fiscal conduce jurídicamente la investigación preliminar, la cual es llevada a cabo por la Policía Nacional del Perú, así como la Investigación Preparatoria, de acuerdo al principio de legalidad. La Policía Nacional del Perú cumple los mandatos del Ministerio Público en el ámbito de su función.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 61. Powers and duties

1. The Prosecutor acts in the criminal process, with independence of judgment. Conform their actions to an objective criterion, to be governed only by the Constitution and the Law, without prejudice to the directives or instructions of a general character issued by the public Prosecutor of the Nation.

2. Conduce jurídicamente la Investigación Preparatoria. Dispone de inmediato, en caso de delito flagrante o de existir detenido, el inicio de la investigación preliminar y, en el término no mayor de veinticuatro horas en los casos de delitos de tráfico ilícito de drogas, terrorismo, sicariato, extorsión, secuestro, feminicidio y criminalidad organizada. En caso de no existir detenido ni flagrancia y, en otro tipo de delitos, lo hará en el término no mayor de cuarenta y ocho horas a fin de indagar por intermedio de la Policía Nacional del Perú no sólo las circunstancias que permitan comprobar la imputación, sino también las que sirvan para eximir o atenuar la responsabilidad del imputado. Solicitará al Juez las medidas que considere necesarias, cuando corresponda hacerlo.(*)

3. Interviene en la emisión de la disposición para la investigación preliminar que está a cargo de la Policía Nacional del Perú, e interviene permanentemente desde la formalización de la Investigación Preparatoria y durante todo el desarrollo del proceso. Tiene legitimación para interponer los recursos y medios de impugnación que la Ley establece.(*)

4. Is obliged to deviate from the knowledge of an investigation or process when it becomes subject to any of the causes of inhibition laid down in article 53.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 62. Excluding Tax

1. Without prejudice to the provisions of the Organic Law of the Public Ministry, the superior of a Prosecutor, ex officio or at the request of the affected party, you can replace it when it does not properly fulfil their duties, or incurred in irregularities. You can also do so, after inquiries that it considers advisable, when you are subject to any of the grounds for objection laid down in respect of the judges.

2. The Judge is obliged to admit the intervention of the new chief Prosecutor appointed by the superior.

Article 63. Activity and distribution functions

1. The field of activity of the Ministry of Public affairs, in matters not provided for by this Code, shall be indicated by its Organic Law.

2. Corresponds to the Prosecutor of the Nation, in accordance with the Law, to establish the distribution of duties of members of the Public Ministry.

Article 64. Provisions and requirements

1. The Public prosecutor's office shall make its Provisions, Requirements, and Conclusions in the form of a reasoned and specific, so is likely to be sufficient in themselves, without reference to the decisions of the Judge, or to Provisions or Requirements above.

2. Shall orally at the hearing and in the discussions, and written in the other cases.

Artículo 65. La investigación del delito destinada a ejercitar la acción penal(*)

1. The Public prosecutor in the investigation of the crime intended to take criminal action, you must obtain the elements of conviction required for the accreditation of criminal acts, as well as to identify the perpetrators or participants in its commission. With the aim to ensure greater effectiveness in the fight against crime, the Public Ministry and the National Police must cooperate and act in a joint and coordinated manner, owing to design protocols of action, without prejudice to compliance with the provisions of articles 69 and 333.

2. El Fiscal, en cuanto tenga noticia del delito, dispone de forma inmediata que la Policía Nacional del Perú realice las diligencias preliminares.(*)

3. Cuando el Fiscal dispone el inicio de la investigación preliminar, precisa su objeto, plazos y, de ser el caso, las formalidades específicas que deben reunir los actos de investigación realizados por la policía para garantizar su validez.(*)

4. Corresponde decidir al Fiscal la estrategia jurídica y a la Policía la estrategia operativa en la investigación del delito; para tal fin programan y coordinan de manera conjunta el empleo de pautas, técnicas y medios indispensables para la eficacia de la misma. Garantizan el derecho de defensa del imputado y sus demás derechos fundamentales, así como la regularidad de las diligencias correspondientes.(*)

5. The Public Ministry and the National Police of Peru, in the investigation of the crime, they observe at all times the principle of legality, and may establish joint training programmes that will increase the quality of their services

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 66. Coercive power

1. In case of inconcurrencia to a subpoena duly notified under threat, the Public prosecutor's office shall provide the driving force for the override by the National Police.

2. Performed due diligence whose frustration led to the measure, or, in any event, no later than twenty-four hours of run the order of strength, the Prosecutor will have their uprising, under the responsibility.

CHAPTER II: THE POLICE

Artículo 67. Función de investigación de la Policía Nacional del Perú(*)

1. La Policía Nacional del Perú en cumplimiento de sus funciones debe, inclusive por propia iniciativa, tomar conocimiento de los delitos y comunicar inmediatamente al Fiscal, debiendo realizar, las diligencias de investigación urgentes o inaplazables, que formarán parte de las diligencias preliminares y de la carpeta fiscal, para impedir sus consecuencias, individualizar a sus autores y partícipes, así como reunir y asegurar los elementos de prueba que puedan servir para la aplicación de la ley penal.(*)

A Similar function will develop in the case of crimes-dependent instance of a private or subject to private practice criminal action.

2. Los policías que realicen funciones de investigación están obligados a comunicar al Ministerio Público de las diligencias preliminares realizadas, así como apoyar al Ministerio Público para llevar a cabo la Investigación Preparatoria formalizada. El cumplimiento de las disposiciones fiscales en la investigación preliminar del delito no genera relación de subordinación por parte de los miembros de la Policía Nacional del Perú.(*)

3. The investigation of the crime to be executed by personnel of the National Police in the stage of the Preparatory Research, will be at the request of the Prosecutor responsible for the case

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Artículo 68. Atribuciones de la Policía Nacional del Perú(*)

1. La Policía Nacional del Perú en función de investigación, sin perjuicio de lo dispuesto en el artículo 67 y en las normas sobre investigación, bajo la conducción del Fiscal, puede realizar los siguientes actos de investigación:(*)

to. Receive complaints written, or to break the record of the verbal, as well as taking affidavits of the complainants.

b. Isolate, protect and monitor the place of the facts to ensure that they are not stolen, altered and contaminated evidence and evidence of the crime.

c. Practicing the record of the people, as well as to provide relief necessitated by the victims of crime.

d. Collect and preserve evidence and evidence of interest crime related to the facts that can serve the research, under the protocol, inter-agency accordingly.

e. Practicar las diligencias orientadas a la identificación física de los autores y partícipes del delito y las faltas.

f. Conducting interviews and identifying potential witnesses who have seen the commission of the facts.

g. Lift drawings, take photographs, make video recordings and other operations technical or scientific.

h. Intervenir y detener a los presuntos autores y partícipes en caso de flagrancia, informándoles de inmediato sobre sus derechos. Requerirles sus documentos de identidad personal para su comprobación y recibir las versiones que puedan hacer en ejercicio de su derecho de defensa, sin afectar su derecho a guardar silencio y a la no autoincriminación.

i. Asegurar los documentos privados, e instrumentos de telecomunicaciones que puedan servir a la investigación. En este caso, de ser posible en función a su cantidad, los pondrá rápidamente a disposición del Fiscal para los fines consiguientes quien los remitirá para su examen al Juez de la Investigación Preparatoria. De no ser posible, dará cuenta de dicha documentación describiéndola concisamente. El Juez de la Investigación Preparatoria, decidirá inmediatamente o, si lo considera conveniente, antes de hacerlo, se constituirá al lugar donde se encuentran los documentos inmovilizados para apreciarlos directamente. Si el Juez estima legítima la inmovilización, la aprobará judicialmente y dispondrá su conversión en incautación, poniéndolas a disposición del Ministerio Público. De igual manera se procederá respecto de los libros, comprobantes y documentos contables administrativos.

j. Pave local public or open to the public, by operating properly planned, making rational use of force in accordance with the regulations of the matter.

k. Make, low inventory, kidnappings and seizures are necessary in cases of flagrant offence, or of imminent danger of its perpetration.

l. Recibir la manifestación de los presuntos autores o partícipes de delitos, con presencia obligatoria del Abogado Defensor de su elección o del Defensor Público que corresponda, debiéndose registrar las declaraciones en dispositivos o equipos audiovisuales. Si el Fiscal tiene conocimiento de la diligencia y no puede participar de forma presencial podrá hacerlo de manera virtual, debiendo dejarse constancia de su participación.(*)

m. Gather as much additional information of urgency to allow the crime to make it available to the Prosecutor, and

n. The other errands and procedures of research needed for the better elucidation of the facts investigated.

2. De todas las diligencias específicas en este artículo, la Policía sentará actas detalladas las que entregará al Fiscal y emitirá el informe policial. Respetará las formalidades previstas para la investigación. El Fiscal durante la Investigación Preparatoria puede requerir la actuación de la Policía Nacional del Perú en el marco de sus atribuciones reconocidas por la ley.(*)

3. El imputado y su defensor podrán tomar conocimiento de las diligencias practicadas por la Policía y tendrán acceso a las investigaciones realizadas. Rige, en lo pertinente, lo dispuesto en el artículo 324 del presente Código. El Fiscal decretará, de ser el caso, el secreto de las investigaciones por un plazo prudencial que necesariamente cesará antes de la culminación de las mismas

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 68-A. Operating revelation of the crime*

1. Ante la inminente perpetración de un delito y durante su comisión, el Fiscal, en coordinación con la Policía, podrá disponer la realización de un operativo con la finalidad de identificar y, de ser el caso, detener a sus presuntos autores, perennizándolo a través del medio idóneo, conforme a las circunstancias del caso. Asimismo, para el esclarecimiento de un evento delictivo dicho operativo debe realizarse de manera conjunta entre el Fiscal y la Policía.

2. In the cases in which they prevent the office of the Prosecutor to be present in the operating immediately, the Police must proceed to run it without his presence when it threatens the life, integrity or liberty of the victim. However, you must appear in person as soon as possible to the place of the facts in order to validate the acts carried out by the Police.

3 Para el operativo el Fiscal podrá disponer la asistencia y participación de otras entidades, siempre que no genere un riesgo para la integridad de los intervinientes y para la realización del operativo

* Artículo incorporado por el DL 1307, publicado el 30 de diciembre de 2016 (link: bit.ly/444FAtX). Luego, este artículo fue modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 69. Instructions of the Prosecutor of the Nation*

Sin perjuicio de las coordinaciones específicas entre el Fiscal y la Policía Nacional en el marco de sus competencias para cada caso, el Fiscal de la Nación regulará mediante Instrucciones Generales los requisitos legales y las formalidades de las actuaciones de investigación que deben cumplir los fiscales, así como los mecanismos de coordinación que ellos deben mantener con la Policía Nacional para el adecuado cumplimiento de lo previsto en este Código.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 70. Ban report

The Police will be able to inform the media about the identity of the accused. When it comes to the victim, witnesses, or other persons who may, or may result related to the investigation of a punishable act, shall require the prior authorization of the Prosecutor.

TITLE II: THE ACCUSED AND THE DEFENSE ATTORNEY

CHAPTER I: THE ACCUSED

Article 71. Rights of the accused

1. The defendant may assert by themselves, or through their Counsel, the rights that the Constitution and the Laws grant you, from the start of the first investigations until the culmination of the process.

2. The Judges, the Prosecutors, or the National Police must inform the accused of an immediate and understandable, that you have the right to:

(a) Know the charges against them and, in the case of detention, to express the cause or reason for the action, giving him the warrant issued against you, as appropriate;

(b) Designate the person or institution to which you must communicate their detention, and that such communication is made in immediately;

c) Be assisted from the initial acts of investigation by a Lawyer;

d) Refrain from giving evidence; and, if you agree, your defense Attorney may be present in your statement and in all proceedings in which required his presence;

(e) That they are not used against media coercive, threatening, or contrary to his dignity, nor to be subjected to techniques or methods that induce or alter their free will, or to suffer a restriction not authorized or permitted by Law; and

f) Be examined by a medical examiner or in his absence, by another health care professional, when his state of health so requires.

3. The compliance of the requirements in items above must be included in the minutes to be signed by the defendant, and the appropriate authority. If the accused person refuses to sign the record shall indicate the abstention, and indicating the reason if you expresare. When the negative occurs in the first investigations, prior intervention of the Attorney general shall record such fact in the minutes.

4. When the defendant deems that during the Proceedings, a Preliminary or Preparatory Research has not complied with these provisions, or that their rights are not being respected, or is the subject of measures limiting rights of improper or requirements illegal, you can go via probate Judge of the Preparatory Research for which to remedy the default or enter the measures of correction or protection that may apply. The application of the defendant, will be resolved immediately, after verification of the facts and holding of a hearing with the participation of the parties.

Article 72. Identification of the charged person

1. From the first act to intervene, the accused will be identified by name, personal data, details and, where applicable, by their fingerprints through the office of the technique concerned.

2. If the accused refuses to provide such data or make it falsely identified by witnesses, or by other means useful, even against their will.

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

Article 73. Alteration of the order

1. To the processing that alters the order of a procedural act, you will apercibirá with the suspension of the diligence and continuing it with the single intervention of his defense Counsel and other parties to the proceedings; or exclusion from participating in the due diligence and continue it with his defense Attorney and the other parties to the proceedings.

2. If the Defender stands and leaves the diligence will be replaced by one appointed by the court.

Article 74. Minority

1. When in the course of a Preparatory Research to establish the minority of the accused, the Prosecutor, or any of the parties shall request that the Investigating Judge High court the sequel of the process and puts the teenager at the disposal of the Prosecutor of the Family.

2. If the minority is credited in the Intermediate Stage or at the Oral proceedings, the Judge, after a hearing, and with the intervention of the parties, shall issue the corresponding resolution.

3. In all these cases it will be left to save the right of the complainant to enforce it in the way relevant.

Article 75. 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 76. 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.

Article 77. 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 78. 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 79. 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) what acted appears evident that, however, having knowledge that is required, do not voluntarily submit to 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, of his place of 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 Preparatory Research or the Intermediate Stage 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.

CHAPTER II: THE DEFENSE ATTORNEY

Article 80. The right to defense technique 

The National Service of the Defence of Trade, in charge of the Ministry of Justice, will provide the defense is free to all those within the criminal process, for scarce resources may not be able to appoint counsel of their choice, or when necessary the appointment of a public defence counsel to ensure the legality of a diligence and due process.

Article 81. Compatibility of sponsorship 

The defense Attorney may exercise the sponsorship of several defendants in a single process, provided that there is no incompatibility of defense between them.

Article 82. Joint advocacy 

The Lawyers who are association Studies may exercise the defense of the same processed, either jointly or separately. If you attend several lawyers associated with the proceedings, only one will hold the defense, must be limited to others in the consultation that quietly asked his colleague.

Artículo 83. Efectos de la notificación

La notificación efectuada por orden del Fiscal o del Juez, en el domicilio procesal o en la casilla electrónica, señalados en autos por el Estudio Asociado, comprenderá a todos y cada uno de los abogados que participan en la defensa.(*)

(*) Artículo modificado por la Ley 32068, publicada el 21 de junio de 2024.

Artículo 84. Derechos y deberes del abogado defensor

The defense attorney is entitled to all the rights which the law gives for the exercise of their profession, especially of the following:

1. Providing advice since your sponsored were cited or arrested by the police authority.

2. Directly question his client, as well as the others processed, witnesses and experts.

3. The assistance reserved for an expert in science, technique, or art during the development of a diligence, provided that their skills will be required for the better defender. The wizard should refrain from intervening directly.

4. Participate in all proceedings, except in the statement given during the stage of investigation by the accused does not defend itself.

5. Provide the means of research and evidence which it considers relevant.

6. To submit petitions oral or written matters of mere procedure.

7. Tener acceso en todo el desarrollo del proceso a los documentos de ámbito policial y a los expedientes de ámbito fiscal y judicial para informarse del proceso, sin más limitación que la prevista en la ley, así como a obtener copia simple de las actuaciones en cualquier estado o grado del procedimiento.(*)

8. Enter the establishments of criminal and law enforcement agencies, upon proper identification, to meet with his sponsor.

9. Express yourself with complete freedom in the course of the defence, orally and in writing, provided that it does not offend the honor of the people, whether they are natural or legal persons.

10. Bring previous questions, questions, exceptions, resource impugnatorios and other means of defense permitted by law.

The defense attorney is prohibited from resorting to the use of mechanisms dilatorios that may interfere with the correct functioning of the administration of justice.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Artículo 85. Reemplazo del abogado defensor(*)

1. If the defense attorney does not go to the diligence for which it is cited, and it is urgent, it will be replaced by one which, in this act, designate the processing, or by a public defender, taking forward the due diligence.

Are audiences priority provided for in articles 271, 345, 351, 367, 447 and 448.

2. If the lawyer does not attend unjustifiably due diligence, for which it is cited, and it does not have the character of non-deferrable, the processing is required for the term of twenty-four (24) hours appoint the replacement. Not to do so, appoints a public defender, reprogramándose diligence only once.

3. The judge or referee competent sanctions, in accordance with article 292° of the Organic Law of the Judicial Power, the defense attorney who unreasonably fails to attend a stagecoach that has been cited, or which unreasonably leaves the diligence that is developing.

4. The resignation of the defense attorney does not relieve you of your duty to complete all the urgent acts that may be necessary to prevent the helplessness of the defendant in the proceeding to which has been cited. The waiver must be brought to the attention of the judge at the end of twenty-four (24) hours before the completion of the due diligence.

5. The sanctions are communicated to the Presidency of the Superior Court and the bar Association of the District Court concerned. The first known application of the sanction and the second execution of the formal sanction.

6. The disciplinary sanction applicable to the tax incurred in any of the conduct described above, is applied in accordance with the Organic Law of the Public Ministry

(*)Artículo modificado por los siguientes dispositivos:

1. Ley 30076, publicada el 19 de agosto de 2013.

2. DL 1307, publicado el 30 de diciembre de 2016.

CHAPTER III: THE STATEMENT OF THE ACCUSED

Article 86. Time and character of the statement

1. In the course of the procedural acts, in all stages of the process and in accordance with the provisions of this Code, the accused has a right to make a statement, and to extend, in order to exercise his or her defence and to respond to the charges against them. The enlargements statement will come if they are relevant and do not appear only as a procedure dilatorio or malicious.

2. During the Preparatory Research, the defendant, without prejudice to the Police with the provisions set forth in this Code, shall provide a statement to the Prosecutor, with the necessary assistance of his attorney, when he asked or when the defendant requests it.

3. During the Trial, the statement will at the time and in the form provided for such act.

Article 87. Preliminary instructions

1. Before you begin the statement of the accused, will be communicated in detail the fact that the object of imputation, the elements of conviction and the existing evidence, and the penal provisions that are considered applicable. In the same way we proceed when it comes to charges ampliatorios, or the presence of new evidence or proof. Governing the paragraph 2 of article 71°.

2. In the same way, you are warned that you have the right to refrain from testifying and that the decision may not be used to your detriment. Also, we will instruct you that you have a right to the presence of a defense attorney, and that if you can't name it appointed a public defender. If the lawyer is newly incorporated into the defence, the accused has a right to consult with him before you start the due diligence and, where appropriate, to request the postponement of the same.

3. The accused will also be informed that they can apply for the performance of research equipment or test, to make clarifications as it deems appropriate during the due diligence, so as to render its statement during the Research phase of High school.

4. Only you will be able to call upon the accused to respond with clarity and precision the questions you formulated. The Judge, or the Prosecutor during the preparatory research, will be able to see the legal benefits that you can get if cooperate in the prompt clarification of the facts ignorance of so many criminal.

Article 88. Development of the statement

1. The diligence will start by requiring the accused to declare about:

(a) First name, last name, nickname, or nickname, if any, date and place of birth, age, marital status, profession or occupation, street address, and procedural, the main sites of previous residence, as well as first and last names of parents, spouse and children, and the people with whom you live.

(b) If it has been prosecuted previously for the same fact or by others, providing data that can identify the process or processes followed in his against.

c) If you have property, where they are located, who owns them, and to what degree, and whether they are tax free.

d) Her relationships with the other accused and the aggrieved.

2. Then you invite the accused to declare the need for convenient on the fact that is attributed to him and to indicate, if possible, or consider it appropriate, acts of investigation or trial whose practice requires you to.

3. Then questioned the accused. In the Preparatory Stage, will direct the Prosecutor and the defense Attorney. In the Trial will participate in the questioning all parties with a direct examination. The Judge will be able to do so, exceptionally, to cover a gap in the interrogation.

4. The examination questions will be clear and accurate, there may be questions ambiguous, leading, or suggestive. During the diligence will not be able to coactarse in any way, the accused, or to induce or determine to testify against their will, nor will fees or counterclaims aimed to obtain his confession.

5. Can be made in the said act, the proceedings of recognition of documents, people, voices, or sounds, and things, without prejudice to comply with the formalities laid down for such acts.

6. If for the duration of the act is to notice signs of fatigue or lack of serenity in the accused, the statement shall be suspended, until they disappear.

7. During the Preparatory Research the minutes containing the statement of the defendant, reproduce, as accurately as possible what happens in the diligence. The accused is entitled to dictate answers. The diligence in that stage will end with the reading and signing, or, in your case, the digital printing of the act for all involved. If the defendant refuses to testify, in whole or in part, will be noted in the minutes. If you shall refuse to sign, indicating the reason.

Article 89. Treatment and plurality of defendants

1. The accused shall declare always be free in his person, without the use of handcuffs or other means of security, and without the presence of other persons authorized to attend. When the person is deprived of his liberty, the due diligence may be carried out in enclosed areas appropriate to prevent their escape or threaten the safety of the people.

2. When there are multiple defendants, you will receive the statements, avoiding to communicate with each other before the reception of all of them.

TITLE III: LEGAL PERSONS

Article 90. Incorporation process

The legal persons, provided that are likely to be compelled to the measures provided for in articles 104° and 105° of the Penal Code, shall be installed and incorporated into the process, at the request of the Prosecutor.

Article 91. Opportunity and processing

1. The request of the Prosecutor will occur once the procedure provided for in article 3°. The application must be made to the Judge of the Preparatory Research before be concluded the Preparatory Research. It will be necessary to enter the id and address of the legal person, the brief explanation of the facts underlying the request and the legal reasoning appropriate.

2. The procedure to be followed by the Criminal Judge to resolve the order will be stipulated in article 8, with the active intervention of the legal person is located.

Article 92. Designation of proxy judicial

1. Once the legal person is incorporated into the process, it will require your body social that designates an agent of the court. You may not be designated as such at the natural person who is accused of the same facts.

2. If, upon request, within five days, not appointed a proxy to court, will the Judge.

Article 93. Rights and guarantees

1. The juridical person incorporated in the criminal process, in regard to the defense of their legitimate rights and interests, enjoys all the rights and guarantees that this Code grants the accused.

2. Their defiance or lack of apersonamiento, after having been formally incorporated in the process, it does not prevent the processing of the cause, subject to the measures which opportunity you can to point out the sentence.

TITLE IV: THE VICTIM

CHAPTER I: THE WRONGED

Article 94. Definition

1. It is considered wronged 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 a condition set out in the order of succession laid down in article 816° of the Civil Code.

3. Will also be considered for aggrieved shareholders, partners, associates, or members, in respect of the offences that affect a legal entity committed by those who lead, manage or control.

4. The associations in the crimes that affect the collective interests or diffuse, which is owned by injuring an unknown number of people, or in the crimes included as international crimes in International Treaties approved and ratified by Peru, may exercise the rights and powers conferred to the people directly offended by the crime, provided that the social object of the same to be linked directly with those interests, and has been recognized and registered prior to the commission of the offence the subject of the proceedings.

Article 95. Rights of the aggrieved

1. The grievant shall have the following rights:

(a) To be informed of the results of the activities in which he has participated, as well as the outcome of the proceeding, even when it has not intervened in him, whenever requested;

(b) To be heard before any decision that involves the extinction or suspension of the criminal action, unless requested;

c) To be treated with dignity and respect on the part of the competent authorities, and to the protection of its integrity, including that of his family. In proceedings of crimes against sexual freedom is preserved their identity, under the responsibility of those who conduct research or the process.

d) To challenge the acquittal and the acquittal.

2. The aggrieved person shall be informed about their rights when filing the complaint, to declare in advance or in his first intervention in the cause.

3. If the aggrieved person outside the child or incapable person shall have the right to that during the proceedings in which it intervenes, it will be accompanied by a person of your trust.

Article 96. Duties of the aggrieved 

The intervention of the aggrieved person as a complainant does not relieve you of the duty to declare as a witness in the proceedings of the investigation and of the trial.

Article 97. Designation of proxy in common

When it comes to many aggrieved by the same crime, that act as a complainant, if the Judge considers that their number can disrupt the normal development of the cause, provided there are no defenses incompatible, representing interests singular or make claims differentiated, will have to appoint a proxy to common. In case there is an explicit agreement, the Judge will appoint the guardian.

CHAPTER II: THE ACTOR CIVIL

Article 98. Constitution and rights*

The action preparation in criminal proceedings may only be exercised by whoever is aggrieved by the offence, that is to say, by whom, according to the civil law is entitled to claim the repair and, in your case, the damages caused by the crime.

In the case of under-age victims, the public defender of victims or the attorney for the Center for Emergency Women in the Ministry of Women and Vulnerable Populations assume the legal representation for the criminal process and will be able to submit the corresponding application for incorporation actor civil.

*Article amended by the Law 31146, publicada el 30 de marzo de 2021.

Article 99. Concurrency of requests

1. The concurrency of requests will be resolved in accordance with the order of succession prescribed in the Civil Code. In the case of heirs that are in the same order of succession, shall be designated agent common, in the absence of explicit agreement, the Judge will proceed to do so.

2. In the cases listed in paragraph 3 of article 94° the Judge, after listening to that have been established in actor civil, shall appoint proxy to common.

Article 100. Requirements to become an actor civil

1. The application for incorporation complainant shall be submitted in writing to the Judge of the Preparatory Research.

2. This application must contain, under penalty of inadmissibility:

(a) The general Law of the natural person or the name of the legal person with the general Law of its legal representative;

(b) The indication of the name of the defendant, and, in his case, the third party liable, against whom they are going to proceed;

c) The story detailed the crime in his grievance and exposition of the reasons which justify his claim; and,

d) The documentary evidence attesting to his right, in accordance with article 98°.

Article 101. Opportunity of the constitution in actor civil 

The constitution complainant must be made prior to the completion of the Preparatory Research.

Article 102. The process of the constitution in actor civil*

1. The Judge of the Preparatory Research, once that information had been gathered by the Prosecutor about the parties to the proceedings apersonados in the cause and then advise the application for incorporation actor civil resolve of the third day.

2. Governed as appropriate, and only for the purposes of the processing, article 8, provided that any party has manifested within the third business day his opposition by written informed consent.

* Article amended by the DL 1307, publicado el 30 de diciembre de 2016.

Article 103. Appeal

1. Against the resolution, which is pronounced on the constitution actor civil proceeds appeal.

2. The Criminal Chamber Top be resolved in accordance with the provisions of article 420°.

Article 104. Powers of the actor civil

The complainant, without prejudice to the rights of the aggrieved is entitled to deduct nullity of acted, and to provide research and test, participate in acts of research and testing, to intervene in the oral proceedings, to file the resources impugnatorios that the Law provides for, intervene -when appropriate - on the procedure for the imposition of measures restrictive of rights, and make requests in safeguarding your right.

Article 105. Additional powers of the actor civil 

The activity of the complainant shall also include the collaboration with the clarification of the offence and the intervention of the author or participant, as well as accredit the civil remedies that aims to. You are not allowed to ask for punishment.

Article 106. 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.

CHAPTER III: THE CHALLENGER PARTICULAR

Article 107. Rights of the complainant particular

In the crimes of the private practice of criminal action, pursuant to paragraph 2 of article 1, the directly offended by the crime may urge to the court, always together, the criminal sanction and payment of civil redress against whom he deems responsible for the wrongdoing in his grievance.

Article 108. Requirements to become a prosecutor particular

1. The complainant particular promote the action of the justice of a complaint.

2. The written complaint must contain, under penalty of inadmissibility:

(a) The identification of the complainant, and, if applicable, of its representative, indicating in both cases, your address real and procedural law, and of the identity documents or registration;

(b) The story detailed the punishable act and exposition of the reasons for legal and factual to justify your claim, expressly indicating the person or persons against whom it is addressed;

c) The accuracy of the claim of civil and criminal that follows, with the justification appropriate; and,

d) The offer of the means of corresponding testing.

Article 109. Powers of the plaintiff's particular

1. The plaintiff is entitled to participate in all the proceedings of the process, to offer proof-of-charge over the guilt, and the civil redress, remedy impugnatorios referring to the object of civil and criminal process, and few means of defense and requirements in safeguarding your right.

2. The complainant particular may intervene in the proceedings through an agent specially designated for this purpose. This designation does not relieve you of declaring in the process.

Article 110. Withdrawal of the plaintiff's particular 

The complainant particular will be able to opt-out expressly the grievance at any stage of the proceedings, without prejudice to the payment of costs. Shall be deemed to be tacit withdrawal when the plaintiff has not come without just cause, to the right audiences, to provide your statement or when not to present its findings at the end of the hearing. In cases of failure to appear, the just cause must be documented, if possible, before the start of the diligence, or, if not, within forty-eight hours following the date fixed for that.

TITLE V: THE THIRD CIVIL

Article 111. Summons to people who have civil liability

1. The people that together with the accused have civil liability for the consequences of the offence, may be incorporated as part of the criminal proceedings at the request of the Public prosecutor or the complainant.

2. The application must be made to the Judge in the manner and time provided for in articles 100° – 102°, with indication of the name and address of the set and its legal relationship with the defendant.

Article 112. Pending

1. The procedure in court for the constitution in the part of the third civil will be provided —as appropriate— in the article 102°, with its active intervention.

2. If the Judge considers it appropriate to the request, sent to notify the third civil to intervene in the process, with a copy of the injunction. It will also give immediate knowledge to the Public Ministry, together with the binder, to give the corresponding intervention.

3. It is only appealable resolution that denies the constitution of the third party liable.

Article 113. Rights and guarantees of the third civil

1. The third civil, concerning the defence of their economic interests are entitled to all the rights and guarantees that this Code grants the accused.

2. Their defiance or lack of apersonamiento, having been incorporated as a part and duly notified, does not interfere with the processing of the process, being forced to the effects of compensation that will point to the sentence.

3. The insurer may be called as a third party liable, if he has been hired to answer for the liability.

BOOK SECOND
ACTIVITY PROCEDURE

SECTION I: GENERAL RULES

TITLE I: PROCEEDINGS

CHAPTER I: THE FORMALITIES

Article 114. 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 115. Statements and interrogations with interpreters

People will be interviewed in English or through an interpreter or translator, if applicable. The court may allow, specifically, the direct examination in another language or form of communication. In such a case, the translation or the interpretation precede the answers.

Article 116. Place

1. The proceedings will be held in the Office of the Prosecutor or the Judge, as the case may be.

2. However, the Prosecutor or the Judge may be constituted in any place of the national territory, when necessary, and not to be impossible or very difficult to achieve, directly familiar elements of conviction decisive in a case under his knowledge.

Article 117. Time 

Unless otherwise required by law, the proceedings may be conducted on any day and at any time, provided that it is absolutely essential according to the nature of the performance. Enter the location and date have been met. The omission of these data does not become ineffective by the act, unless it can be determined, in accordance with the data act, or other related, the date on which it was made.

Artículo 118. Juramento

1. When required oath, you will receive according to the beliefs of those who do so, after instructing them on the penalty that would be a creditor for the commission of an offence against the Administration of Justice. The declarant promise to tell the truth in everything that you know and ask.

2. If the declarant refuses to take the oath under religious beliefs or ideologies, you are required to promise to tell the truth, with the same warnings in the preceding paragraph.

Article 119. Interrogation

1. The people who are interviewed will be required to respond with voice and without consulting notes or documents, with the exception of the experts and those who are authorized to do so, even the accused, by reason of their conditions or of the nature of the facts or circumstances of the process.

2. The declarant will be invited to express how much you know about the subject in question, and then, if necessary, will ask. The questions that you will make will not be impertinent, leading, or suggestive.

Article 119-A. Hearing*

1. The physical presence of the accused is mandatory in the hearing of the trial in accordance with subparagraph (1) of article 356, as well as in those of the procedural acts provided for by law.

2. Exceptionally, at the request of the prosecutor, the accused or by the disposition of the judge, may be used as the method of video conferencing in cases that the accused person is deprived of their freedom and their transfer to the place of the hearing difficulties because of the distance or because there is a danger of leakage.

* Article incorporated by the Law 30076, publicada el 19 de agosto de 2013.

CHAPTER II: MINUTES

Article 120. General Regime

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 office of the Attorney general and the Executive Council of the Judiciary, each one in its field, according to the possibilities of the Institution, will dictate the provisions that allow for its use.

4. The minutes shall be signed by the officer or authority who directs and by the other persons 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 121. 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.

CHAPTER III: PROVISIONS AND RESOLUTIONS

Article 122. Acts of the Public Ministry

1. The Public Ministry, in the scope of its intervention in the process, dictates Provisions and Measures, and formula Requirements.

2. The Provisions are held to decide: (a) the beginning, the continuation, or the file of the proceedings; (b) the driving compulsion of an accused person, a witness or expert, when despite being set properly during the investigation does not comply with assist investigations; c) the intervention of the Police to perform investigative actions; d) the application of the principle of opportunity; and, (e) any other action that requires the express motivation provided by Law.

3. Orders are delivered to sort materially the research stage.

4. The Requirements are intended to apply to the court requesting the performance of a procedural act.

5. The Provisions and Requirements must be motivated. In the case of the requirements, if any, will be accompanied by the elements of conviction to justify it.

6. Governed, as applicable, article 127°.

Article 123. Court decisions

1. The court Decisions, according to their object, are the decrees, writs and judgments. Except the decrees, must contain the statement of the facts discussed, the analysis of the test performed, the determination of the applicable Law, and what is decided, so clear and express.

2. The decrees are given without any red tape. The car is issued, provided that prescribed in this Code, after a hearing with the participation of the parties. The sentences are issued according to the rules provided for in this Code.

Article 124. Material Error, clarification and addition

1. The Judge may amend, at any time, the errors are purely material or numeric content in a resolution.

2. At any time, the Judge will be able to clarify the terms dark, ambiguous, or contradictory, in that they are drafted resolutions, or you can add your content, if it had omitted to decide a point of contention, provided that such acts do not involve a modification of the resolved.

3. Within three days of the notification, the parties may request clarification or the addition of the pronouncements. The application will suspend the term for filing the appeals.

Article 125. Signature

1. Without prejudice to the special provisions and the rules laid down in the Organic Law of the Judicial Power, the resolutions shall be signed by the judges or by the members of the Court or the Room in which they acted.

2. The lack of any firm, outside of the provisions of the Organic Law of the Judicial Power, it will cause the ineffectiveness of the act, except that the resolution has not been signed by an impediment invincible emerged after having participated in the deliberation and voting.

Article 126. Coercive power 

The Prosecutor and the Judge may require the intervention of the security forces and to arrange the necessary measures for compliance with insurance and regular events that bring order in the exercise of their functions.

CHAPTER IV: THE NOTICES AND SUBPOENAS

Article 127. Notification*

1. Las disposiciones y las resoluciones deben ser notificadas a los sujetos procesales, por medio físico o electrónico, dentro de las veinticuatro horas después de ser dictadas, salvo que se disponga un plazo menor.

2. The first notice to the accused detainee or prisoner shall be held in the first detention center where he was led, by delivering a copy to the person, or if this is not possible, the Director of the institution shall immediately inform the detainee or prisoner, with the most rapid means.

3. Except that the accused is not arrested fixed address procedure, the first notification will be personally handing a copy, in your real home or work center.

4. If the parties have counsel or agent, the notification must be directed only to these, except if the Law or the nature of the act require that those are also reported.

5. When the notification should be practiced through reading, you will read the content of the resolution, and if the individual requests a copy will be delivered to you.

6. Rige, en lo pertinente, lo dispuesto en el Código Procesal Civil, con las precisiones establecidas en los reglamentos respectivos que dictarán la Fiscalía de la Nación y el Consejo Ejecutivo del Poder Judicial, en el ámbito que les corresponda, sin contravenir las disposiciones vigentes.

* Artículo modificado por la Ley 32068, publicada el 21 de junio de 2024.

Artículo 128. Notificación por edictos 

When you ignore the place where the person to be notified, the resolution will let you know by edict to be published in the Official Journal of the headquarters of the Superior Court or through the website or the website of the Institution, without prejudice to the measures appropriate to locate it.

The office of the Attorney general and the Executive Council of the Judiciary without prejudice to the regulations of this article, may provide, in the field that I respect, to be published in the Official Journal, lists of persons required by the justice.

Article 129. Citations

1. Victims, witnesses, experts, interpreters and the trustees, may be cited by the Police or by the staff officer of the office of the Prosecutor or the court, according to the directives on the particular rendering of the organ of government.

2. In case of urgency may be quoted verbally, by telephone, by e-mail, fax, telegram or any other means of communication, which will be noted on cars.

3. The military and police in a position of activity will be cited through the superior concerned, unless otherwise provided the Law.

4. The respective Regulation, Subpoenas, issued by the office of the Attorney general and the Executive Council of the Judiciary, in the area that I'm concerned, shall establish the details that apply to you.

Artículo 130. Constancia 

The result of the procedures carried out to make the citations and notices will be in writing.

Artículo 131. Defecto de la notificación

1. Siempre que cause efectiva indefensión, la notificación no surtirá efecto cuando:

(a) There has been a mistake about the identity of the person served;

(b) The provision or resolution has been reported in incomplete form;

c) In the diligence not record the date or, when relevant, the date of delivery of the copy;

d) If the copy provided is missing the signature of the one who has made the notification.

2. El vicio en la notificación se convalida si el afectado procede de manera que ponga de manifiesto haber tomado conocimiento oportuno del contenido de la disposición o resolución, o si ésta, no obstante carecer de un requisito formal, ha cumplido su finalidad.

CAPÍTULO V: COMUNICACIÓN ENTRE AUTORIDADES

Artículo 132. Forma

1. When a procedural act, a stagecoach or information related to the cause is to be carried out by means of another authority, the Judge or the Prosecutor may entrust your compliance.

2. The communication execution will require the judicial authority so requires, their competence to the case, the concrete act, diligence, or information requested, with all the data necessary to comply with it, the legal standards that make it possible and the period of their fulfillment. The communication may be performed with the application of any means which guarantees its authenticity.

3. In case of emergency, use fax, telegram or electronic mail and, eventually, may be brought forward by telephone on the content of the request so that it will start to process and diligence, without prejudice to reference later with the commandment writing.

4. When the delegation of the act has the target to another Judge or a Prosecutor, addressed to the urge for processing immediately.

5. The requested authority, will collaborate with the judges, the Public prosecutor and the Police and processed, without delay, the requirements that they receive from them.

6. The governing body of the Judiciary and the public Prosecutor of the Nation will dictate the applicable regulations and will be able to enter into agreements with other public institutions to require, and to share information as well as to establish systems of communication over the internet between judges and prosecutors.

Article 133. Letters rogatory to foreign authorities

1. Los requerimientos dirigidos a jueces, fiscales o autoridades extranjeras se efectuarán por exhortos y serán diligenciados en la forma establecida por los Tratados y costumbres internacionales o, en su defecto, por este Código y las demás Leyes del país.

2. Por medio de la Fiscalía de la Nación o, en su caso, de la Corte Suprema de Justicia, se canalizarán las comunicaciones al Ministerio de Relaciones Exteriores, el cual, cuando corresponda las tramitará por la vía diplomática.

3. En casos de urgencia podrán dirigirse comunicaciones a cualquier autoridad judicial o administrativa extranjera, anticipando el exhorto o la contestación a un requerimiento, sin perjuicio de que, con posterioridad, se formalice la gestión, según lo previsto en los numerales anteriores.

CAPÍTULO VI: LA FORMACIÓN DEL EXPEDIENTE FISCAL Y JUDICIAL

Artículo 134. Contenido del Expediente Fiscal

1. The Prosecutor, on the occasion of its procedural action, open a file for documentation of the proceedings of the investigation. Will contain the complaint, the Police Report of the case, the investigations that have been made or ready to run, the obtained documents, expert opinions are made, the minutes and the provisions of and directives issued, the requirements made, the resolutions issued by the Judge of the Preparatory Research, as well as any documentation useful for research purposes.

2. The Prosecutor of the Nation shall regulate all matters relating to training, custody, preservation, transfer, restoration and archiving the actions of the Public prosecutor's office in its investigation function of the crime. May provide for the use of the technological systems that are considered necessary to the registry, file, copy, transcription, and security of the record.

Article 135. Requirements of Fiscal

1. The requirements that the Tax formula to the Judge of the Preparatory Research should be accompanied with the original record or the certified copies corresponding, according to the investigation is completed or not, or in any case if the referral of the original record will not produce serious delays or prejudice to the parties and to the research.

2. The public Prosecutor will issue the directives and instructions necessary to guarantee and to standardise the presentation of the actions that must accompany the tax requirements to the Judge of the Preparatory Research, when the research is not completed.

Article 136. Contents of the Court File

1. Once that is issued the writ of summons to trial, the Criminal Judge will order to form the respective Court Record. In this File are appended:

(a) The performed with respect to the exercise of the criminal action and civil action arising from crime;

(b) The minutes record the proceedings objective and irreproducible made by the Police or the Public prosecutor's office, as well as the statements of the accused;

c) The records relating to the performance of early test;

d) The expert reports, and documents;

(e) The resolutions issued by the Judge of the Preparatory Research and, if that is the case, the elements of conviction that underpin them;

f) Of the resolutions issued during the intermediate stage and the documents, reports and expert opinions that have been collected, as well as —if applicable— the complementary actions undertaken by the Public Ministry.

2. The Executive Council of the Judiciary shall regulate all matters relating to training, custody, preservation, transfer, restoration and file of the court record. May provide for the use of the technological systems that are considered necessary to the registry, file, copy, transcription, and security of the record.

Article 137. Transfers, remission and resolution on the formation of the court record

1. Formed the court record, you will Secretariat available to the Public Ministry and of the other parties to the proceedings for a period of five days for review, possible request for copies, single or certified, and, in his case, to encourage the incorporation of any part of those referred to in the preceding article, or the exclusion of which does not correspond to incorporate. This last application shall be served on the other parties by the same term.

2. The Judge shall decide, within the second day of the conclusion of the previous term, using self inimpugnable, the application of inclusion or exclusion of parts of the proceedings.

3. After this procedure, the proceedings other than those referred to in article 136° will be returned to the Public Ministry.

Article 138. Obtaining copies*

1. Los sujetos procesales están facultados para solicitar, en cualquier momento, copia, simple o certificada, de las actuaciones insertas en los expedientes fiscal y judicial, así como de las primeras diligencias y de las actuaciones realizadas por la Policía. De dicha solicitud conoce la autoridad que tiene a su cargo la causa al momento en que se interpone. Las copias solicitadas son otorgadas en forma física o digitalizada; para este último caso, su emisión es gratuita.

2. The Public Ministry, when necessary for the fulfillment of the Preparatory Research, is entitled to obtain another Attorney or the Judge's copy of the procedural acts related to other processes information and written content.

3. If the state of the case, prevents, or interferes with their normal prosecution, provided it does not affect unreasonably fundamental rights of a third party, the Prosecutor, or the Judge may order the issuance of copies, reports or certifications that have been ordered by a reasoned request by a public authority or by individuals who prove a legitimate interest to do so.

* Artículo modificado por la Ley 32068, publicada el 21 de junio de 2024.

Article 139. Prohibition of publication of the procedural action

1. Is prohibited the publication of the procedural actions performed when developing the Research High school or Middle Stage. Also, it is prohibited the publication, even partial, of the proceedings of the trial when they occur in the supposed privacy of the hearing.

2. Is prohibited the publication of the general Law, and of images of witnesses or victims are minors, unless the Judge, in the exclusive interest of the child, allow the publication.

3. When the parties to the proceedings and other persons participating in the proceedings in breach of this prohibition, the Prosecutor or the Judge, as the case may be, are entitled to impose a fine and order, if possible, the cessation of the publication improper. Governed by the relevant articles 110° and 111° of the Code of Civil Procedure.

Article 140. Replacement of the original missing for copies

1. When, from any cause is destroyed, lost or stolen, the file, or the original of the provisions and resolutions or other procedural acts necessary, the certified copy will have the value of the original and will be inserted in the place that should be found in the original.

2. To this end, the Prosecutor or the Judge, as the case may be, even of its own motion, shall order, to the person to whom the copy, and return it to the Secretariat, without prejudice to the right to obtain a free another certified copy.

3. The replacement may also be made using the computer files of the Public prosecutor or of the Judiciary.

Article 141. Recomposition of records

1. If there is no copy of the documents, the Prosecutor or the Judge, after stating the content of the act is missing, will be ordered to put the facts of the disciplinary body of competent jurisdiction, and shall provide for —officio or at the request of a party— your healing, for which you will receive the evidence showing its existence and its content.

2. When it is impossible to obtain a copy of a procedural action, shall provide for the renewal of the act, prescribing the mode of doing it.

3. If you receive the file, will be added to the remade.

TITLE II: TIME LIMITS

Article 142. Regulation

1. The proceedings are practiced promptly on the day and time appointed, without admissible delay.

2. Without prejudice to the provisions in the above paragraph, the periods of the courtroom activity regulated by this Code are the days, hours and the distance. Are computed according to the calendar in common.

Article 143. Computing 

The time limits shall be calculated:

1. When you are by the hour, from the moment that caused the procedural act, including the hours of the working day, unless express provision to the contrary of the Law.

2. When they are by day, from the day next business acquaintance the mandate or notified with him.

3. Only be counted as non-working days in the case of coercive measures that affect the personal freedom and as otherwise permitted by Law.

4. Except as provided in paragraph (3) for the case of coercive measures affecting personal liberty, where a time limit expires on a non-business day, the period is extended as of right the next business day.

5. The terms common shall be computed from the working day following the last notification.

Article 144. Expiry

1. The expiration of a period of maximum implies the expiry of what could or should do, except that the Law permits so.

2. The periods that only in order to regulate the activity of Prosecutors and Judges, shall be observed strictly by them. Your failure to do so only bring disciplinary liability.

Article 145. Replacement of the term

1. When factors of force majeure or fortuitous events, or any defect in the notice that does not imputable to the company, has been unable to observe a time limit, and to develop in him a planned activity in your favor, you can get the replacement of the full term, in order to perform the omitted act or the exercise of the right granted by the Law, to your order.

2. The application of replacement of the term shall be made in writing within twenty-four hours after the removal of the hindrance or known of the event giving rise to the term.

3. The application must contain:

(a) The specific indication of the reason that made it impossible for the observation of the term, its justification, and the mention of all the elements of conviction which it's worth to check it; and,

(b) The activity omitted and the expression of the will to carry it out.

Article 146. Subsidiarity

The Prosecutor, or the Judge may set time limits to lack of legal provision or by permission.

Article 147. Waiver of time limits

1. The parties to the proceedings may waive, in whole or in part, to the time limits set out in your favor, by express declaration.

2. If the period is a common abbreviation or the waiver will require the consent of all the parties and the approval of the Judge.

Article 148. Term of the distance

1. The term of the distance is calculated taking into account the headquarters geographic, and the means of locomotion usable and available for the particular case.

2. The Supreme Court of Justice of the Republic will develop the appropriate box.

TITLE III: THE INVALIDITY

Article 149. Taxatividad

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

Article 150. 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 151. 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 152. 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 153. 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 154. 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.

SECTION II: TEST

TITLE I: GENERAL RULES

Article 155. Activity of proof

1. The activity of proof in criminal proceedings is regulated by the Constitution, Treaties approved and ratified by Peru and by this Code.

2. The tests are supported at the request of the Public prosecutor or of the other parties to the proceedings. The Judge will decide your admission by order especially motivated, and you can only exclude those that are not relevant to and prohibited by Law. Also, you can limit the means test when they are manifestly overabundant or impossible to achieve.

3. The Law shall establish, by way of exception, the cases in which support evidence ex officio.

4. The cars that will decide on the admission of evidence may be subject to re-examination by the Judge of the cause, prior to transfer to the Public Ministry and the other parties to the proceedings.

5. The performance of probation will be, in any case, taking into account the physical and emotional state of the victim.

Article 156. Test object

1. Are subject to proof of the facts relating to the allegation, the criminality and the determination of the penalty or measure of security, as well as those related to the civil liability arising from crime.

2. Are not subject to test the highs of the experience, the natural Laws, the legal standard internal force, that which is the object of res judicata, the impossible and the notorious.

3. The parties may agree that a particular circumstance does not need to be tested, in which case it will be valued as a notorious fact. The agreement shall be recorded in the minutes.

Article 157. Means test

1. The subject matter of the evidence may be proved by any means of proof allowed by Law. Exceptionally, can be used in other, provided that they do not violate the rights and guarantees of the person, as well as the faculties of the subject process recognized by the Law. Form of incorporation should be tailored to the environment of test more similar than expected in what is possible.

2. In the criminal proceedings shall not be taken into account the limits of proof established by the civil Laws, except those relating to the civil status or citizenship of the persons.

3. May not be used, even with the consent of the data subject, methods, or techniques suitable for influence on their freedom of self-determination or to alter the ability to remember or to evaluate the facts.

Article 158. Valuation

1. In the evaluation of the evidence, the Judge must observe the rules of logic, science and the maxims of experience, and state the results obtained and the criteria adopted.

2. In the case of witnesses of reference, a statement of regret or co-workers, and similar situations, only with other evidence to corroborate their testimonies may impose upon the defendant a coercive measure or decide against your conviction.

3. The test for the evidence required:

(a) The sign is proven;

(b) The inference is based on the rules of logic, scientific knowledge, or experience;

c) That when it comes to signs contingent, they are plural, consistent and convergent, so as not submitted contraindicios consistent.

Article 159. Use of the test

1. The Judge may not use, directly or indirectly, any sources or evidence obtained in violation of the essential content of fundamental rights of the person.

TITLE II: MEDIA TEST

CHAPTER I: THE CONFESSION

Artículo 160. Valor de prueba de la confesión

1. The confession, to be such, must consist of the admission by the accused of the charges or complaint raised against it.

2. You will only have probative value when:

(a) Is duly corroborated by another or other elements of a conviction;

(b) It is given freely and in the normal state of the faculties psychic;

c) Sea prestada ante el Juez o el Fiscal, o ante la Policía Nacional en la subetapa de investigación preliminar, debiendo ser recibida con presencia de su abogado defensor y haber sido registrada en dispositivos o equipos audiovisuales; y,(*)

d) Be sincere and spontaneous.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 161. Effect of the sincere confession*

The judge may decrease prudencialmente worth up to one-third below the legal minimum, if you meet the budgets set out in article 160. This benefit is inapplicable in cases of flagrante delicto, of irrelevance of the admission of the charges in attention to the evidence embedded in the process and when the agent has the status of recidivist or habitual in accordance with articles 46-B 46-C of the Penal Code.

This benefit is also applicable in the case of the offence provided for in article 108-B, or by any of the offences covered in the Chapter I: articles 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J and Chapters IX, X and XI of Title IV of the Second Book of the Penal Code.

* Artículo modificado por los siguientes dispositivos:

1. Ley 30076, publicada el 19 de agosto de 2013.

2. DL 1382, publicado el 28 de agosto de 2018.

3. Ley 30963, publicada el 18 de junio de 2019.

CHAPTER II: THE WITNESS

Article 162. Ability to testify

1. Every person is, in principle, able to give testimony, except non-working day for natural reasons or prevented by the Law.

2. If to assess the witness's testimony is necessary to verify the suitability of any physical or psychic witness, it will be necessary investigations and, in particular, the realization of the skills that apply to you. This last test can be ordered ex officio by the Judge.

Article 163. Obligations of a witness

1. Any person summoned as a witness has the duty to attend, subject to the exceptions corresponding legal, and respond to the truth to the questions asked. The appearance of the witness will be always sufficient justification when their presence may be required simultaneously for compliance with labor obligations, educational or otherwise, and will not entail legal consequences of adverse under any circumstances.

2. The witness may not be compelled to testify about facts which may arise criminal responsibility. The witness shall have the same right when, by its declaration, may incriminate any of the persons referred to in paragraph (1) of article 165°.

3. The witness, police, military, or a member of the intelligence systems of the State cannot be forced to reveal the names of their informants. If the informants are not interrogated as witnesses, the information given by them may not be received or used.

Article 164. Citation and driving compulsive

1. The summons of a witness shall be determined in accordance with article 129°. When it comes to public officials or employees, the supervisor or the employer, as the case may be, are in the obligation to facilitate, under the responsibility, the attendance of a witness on the day and time that is cited.

2. The witness may also occur spontaneously, will be noted.

3. If the witness does not appear at the first notice be brought out by the security forces.

Article 165. 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) The 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 166. Contents of the declaration

1. The witness statement is about what is perceived in relation to the subject matter of the evidence.

2. If the knowledge of the witness is indirect or it is a token reference, you must point to the time, place, people and means by which it obtained. Emphasis will be placed, even ex officio, to achieve the declaration of the persons indicated by the witness of reference as a source of knowledge. If the witness refuses to provide the identity of that person, his testimony may not be used.

3. Do not allow the witness to express the concepts, or opinions that I personally have about the facts and responsibilities, except when it comes to a witness technician.

Article 167. Testimony of High-ranking Dignitaries

1. The President of the Republic, President of the Council of Ministers, Congressmen, Ministers of State, Judges of the Constitutional Court, members of the Supreme Court, public Prosecutor of the Nation, Prosecutors, Supreme, members of the National Council of the Judiciary, National Jury of Elections and the Supreme Council of Military Justice, Commanders General of the Institutes Armed, Director General of the National Police, President of the Central Reserve Bank, the Superintendent of Banking and Insurance, the Comptroller General of the Republic, Presidents of the Regions, Cardinals, Archbishops, Bishops, or higher authorities of other religious cults, and other persons indicated in the Law, shall, at its option, at your home or in your office. The Judge may have received your written testimony, studying the spread interrogation, the same shall be produced at the request of the parties.

2. You will proceed in the ordinary way, except in the case of the Presidents of the Powers of the State and of the President of the Council of Ministers, when the Judge deems vital to your appearance to perform an act of recognition, of confrontation or by another need.

Article 168. Testimony of Members of the Diplomatic Corps 

To the members of the Diplomatic Corps or Consular accredited in Peru they will receive their testimony, if they are called to deliver it, by means of a report writing. To that effect shall be sent, through the Minister of Foreign Affairs, the text of the questions that will be acquitted under oath or promise to tell the truth. Similarly, we can proceed if the diplomatic agent or consular completed his mission and abroad.

Article 169. Witnesses residing outside of the place or abroad

1. If the witness does not reside in the place, or near where you must testify, provided that it is impossible to get his transfer to the Office of the court, he may have his statement warrant. If possible, and preferably, may be used as the technological medium is most appropriate, such as video conferencing or filming of his statement, to which you will be able to assist or intervene, according to the case, the Prosecutor and the lawyers of the parties.

2. If the witness is abroad shall be as provided by the rules on international judicial cooperation. In these cases, if possible, will use the method of video conferencing, or the filming of the declaration, with intervention -if applicable - of the consul or other officer specially empowered.

Article 170. Development of the interrogation*

1. Before you begin the statement, the witness will be educated about their duties and of the liability for its breach, and shall take an oath or pledge of honor to tell the truth, according to their beliefs. You should also be warned that it is not required to respond to the questions which may arise criminal responsibility.

2. Not required oath or a promise of honor when you declare to the people included in the article 165, paragraph (1), and minors, those with any mental disorder or alterations in the perception that they can't have a real scope of his testimony, or of its effects.

3. Witnesses shall be examined separately. Shall establish the necessary measures to prevent that communication is established between them.

4. Then, we ask you to witness your first name, last name, nationality, age, religion, if any, profession or occupation, marital status, residence and its relations with the accused, aggrieved or by any other person interested in the cause. If you fear for your integrity, you can indicate your address in the form booked, which will be recorded in the minutes. In this latter case, it shall provide for the prohibition of the disclosure in any way, their identity or background that condujeren to it. The office of the Prosecutor of the Nation, and the governing body of the Judicial Power to direct regulatory measures appropriate to ensure the effectiveness of this rule.

5. Then it will ask about the facts that you know and the action of the people that you know have a relationship with the crime investigated; it will ask about all circumstances, be useful to assess their testimony. It seeks the clarity and objectivity of the witness by means of questions timely and accurate observations.

6. Are inadmissible to the leading questions, irrelevant or suggestive, with the exception of this last, in the cross-examination. The prosecutor, or the judge, according to the stage of the proceedings that the case, the rejected, of its own motion or at the request of a subject of the proceedings.

* Artículo modificado por la Ley 30076, publicada el 19 de agosto de 2013.

Article 171. Testimonials special

1. If the witness is mute, deaf, or deaf, mute, or if you don't speak Spanish, declare by means of an interpreter.

2. The witness is ill or impossible to appear will be examined in the place where it is located. In case of danger of death or travel imminent, if it is not possible to apply the rules of the test early, you will make a statement right away.

3. When you need to be received testimony of minors and of people who have been victims of facts that have been affected psychologically, you can have your reception at private. If the witness is not acted under the rules of the test early, the Judge shall take the necessary measures to ensure the emotional integrity of the witness and shall provide for the intervention of an expert psychologist, who will conduct the interrogation proposed by the parties. It will also enable the assistance of a family member of a witness.

4. When it is required that the witness recognize a person or thing, you must describe it before be provided to you. Then explain, with the best possible approximation, the place, the time, the state and other circumstances in which he was the person or thing when it was the fact.

5. For the statement of the aggrieved, governed by the same rules prescribed for witnesses.

CHAPTER III: THE EXPERTISE

Article 172. 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 173. Appointment*

1. El Juez competente, y, durante la Investigación Preparatoria, el Fiscal o el Juez de la Investigación Preparatoria en los casos de prueba anticipada, nombrará un perito. Escogerá especialistas donde los hubiere y, entre éstos, a quienes se hallen sirviendo al Estado, los que colaborarán con el sistema de justicia penal gratuitamente. En su defecto, lo hará entre los designados o inscritos, según las normas de la Ley Orgánica del Poder Judicial. Sin embargo, se podrá elegir dos o más peritos cuando resulten imprescindibles por la considerable complejidad del asunto o cuando se requiera el concurso de distintos conocimientos en diferentes disciplinas. A estos efectos se tendrá en consideración la propuesta o sugerencia de las partes.

2. La labor pericial que corresponda se encomendará sin necesidad de designación expresa y observando las competencias legalmente asignadas, a la Dirección de Criminalística de la Policía Nacional del Perú o a sus oficinas descentralizadas a nivel Nacional, al Instituto de Medicina Legal y Ciencias Forenses, al Sistema Nacional de Control, así como a los organismos del Estado que desarrollan labor científica o técnica en temas de su especialidad y campo funcional, los que prestarán su auxilio gratuitamente. También podrá encomendarse la labor pericial a universidades, institutos de investigación o personas jurídicas en general, siempre que reúnan las cualidades necesarias para tal fin, con conocimiento de las partes. En toda investigación, los exámenes o pericias criminalísticas oficiales son realizados por la Dirección de Criminalística de la Policía Nacional del Perú o por sus oficinas descentralizadas a nivel nacional y, solo en el caso de que no puedan realizar la pericia por carecer de peritos para realizarla o de material de laboratorio o insumos necesarios, la pericia criminalística oficial puede ser realizada por otra entidad.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 174. Procedure for the appointment and duties of the expert

1. The expert appointed under paragraph (1) of article 173° 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 175. Impairment and surrogacy expert

1. It may not be appointed expert, who is involved in the same grounds provided in items 1) and 2) ‘a’ article 165°. 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 176. 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 177. 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 178. 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) The 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) The indication of the criteria of scientific or technical, medical and rules used to do the test.

f) Conclusions.

g) 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 179. 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 178°, without prejudice to do the critical analysis that you deserve the expertise officer.

Artículo 180. Reglas adicionales

1. El informe pericial oficial será único. Si se trata de varios peritos oficiales y si discrepan, cada uno presentará su propio informe pericial. El plazo para la presentación del informe pericial será fijado por el Fiscal o el Juez, según el caso. Las observaciones al informe pericial oficial, por principio de igualdad procesal, podrán presentarse en un plazo igual al otorgado al perito oficial, luego de la comunicación a las partes, con copia del referido informe pericial y sus anexos.(*)

2. Cuando exista un informe pericial de parte con conclusión discrepante, se pondrá en conocimiento del perito oficial, para que en el término de cinco días se pronuncie sobre su mérito.

3. Cuando el informe pericial oficial resultare insuficiente, se podrá ordenar su ampliación por el mismo perito o nombrar otro perito para que emita uno nuevo.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 181. 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 article 180°.2, it is mandatory to open the discussion between the expert and the party.

CHAPTER IV: THE CONFRONTATION

Article 182. 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.

3. Not applicable the confrontation between the accused and the victim is under fourteen years of age, except that those who represent you or your defense expressly requested.

Article 183. 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 Public Ministry 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 V: THE DOCUMENTARY EVIDENCE

Article 184. Incorporation

1. You can incorporate the process is a document that can serve as a means of proof. Who has it in his power is obliged to present it, show it off or enable its knowledge, except a dispensation, legal prohibition, or the need of prior court order.

2. The Prosecutor, during the Research phase of High school, you may apply directly to the holder of the document presentation, display, voluntary, and, in case of refusal, to ask the Judge to order the seizure appropriate.

3. The documents containing statements from anonymous may not be brought into the process, or used in any way, except that constitute the body of the crime or from the defendant.

Article 185. Classes of documents 

Are documents, manuscripts, prints, copy, fax, floppy disks, films, photographs, x-rays, graphic representations, pictures, tape recordings, and media containing event log, images, voices, and other similar.

Article 186. Recognition

1. When it is necessary to sort the recognition of the document, by the author or by someone who is identified as his voice, image, mark, signal, or other means, as well as for the one who made the record. May be called upon to recognize different people, as witnesses, if they are in a position to do so.

2. Also may be referred to the examination, when applicable to establish the authenticity of a document.

Article 187. Translation, Transcription and Viewing of documents

1. All document written in language other than English, shall be translated by an official translator.

2. When the document consists of a tape, the Judge or the Prosecutor in the Preparatory Research will have to be the case, its transcript in minutes, with the intervention of the parties.

3. When the document consists of a video tape, the Judge or the Prosecutor in the Preparatory Research will order your display and its transcription in an act, with the intervention of the parties.

4. When the transcript of the audio tape or video tape, by extension requires you for a considerable time, the act can be lifted within three days of the respective diligence, prior to transfer of the same for the term of two days for the observations that apply to you. The expiration of the term without having made observations, the minutes will be approved immediately; in the same way, the Judge or the Prosecutor to respond to the comments made to the act, providing convenient for you.

Article 188. Requirement of reports 

The Judge or the Prosecutor during the Preparatory Research may be required to report on data that are recorded in official records or private, taken in accordance with Law. The breach of that requirement, the delay in its production, the falsity of the report, or for the concealment of data, will be corrected with fine, without prejudice to the criminal liability, and the diligence of inspection or search and seizure, if that was the case.

CHAPTER VI: THE OTHER MEANS OF PROOF

SUBCHAPTER I: RECOGNITION

Article 189. Acknowledgements-of people

1. When necessary to individualize a person shall be ordered to your recognition. Who does it, previously described to the person referred to. Afterwards, you will be on view along with other exterior looks like. In the presence of all of them, and/or from a point where it can't be seen, you will be asked if you are among the people who notes that to whom has been referred to in their statements, and, if so, which one of them is.

2. When the accused cannot be brought, you may use your picture or other records, observing the same rules likewise.

3. During the preparatory research must witness the act the defender of the defendant, or, in their absence, the Judge of the Preparatory Research, in which case it shall be deemed to be the diligence by an act of the early test.

4. When several people need to recognize a single one, each of the recognition is performed separately, without communicating with each other. If a person must recognize a number, the recognition of all can be made in a single act, provided that it does not harm the end of an investigation, or the right of defence.

5. If it is necessary to identify persons other than the accused, it shall, to the extent possible, according to the above rules.

Article 190. Other recognitions

1. When you have to recognize voices, sounds, and you can be the object of sensory perception, it will be observed, where applicable, the provisions referred to in the previous article.

2. Without prejudice to lift the respective record, you will be able to provide that is documented by photographic evidence or video or by other instruments or procedures.

Article 191. Recognition of things

1. Things that you need to be the subject of the recognition will be displayed in the same way as documents.

2. Prior to recognition, they invite the person to recognize that describes you. In other respects, be governed similarly to the rules laid down in article 189°.

SUBCHAPTER II: THE JUDICIAL INSPECTION AND RECONSTRUCTION

Article 192. 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 193. 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 194. 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.

3. In the crimes against sexual freedom does not require the concurrence of the injured underage, or the victims can be affected psychologically with their participation.

SUBCHAPTER III: THE SPECIAL TESTS

Article 195. 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. El levantamiento de cadáver lo realizará el Fiscal, con la intervención, de ser posible, del médico legista y del personal policial especializado en criminalística. Por razones de índole geográfica podrá prescindirse de la participación de personal policial especializado en criminalística. El Fiscal, según las circunstancias del caso, excepcionalmente debe delegar inmediatamente la realización de la diligencia en su adjunto, o en la policía, o en el juez de paz más cercano.

En zonas declaradas en estado de emergencia, cuando existan dificultades que impidan la presencia inmediata del Fiscal, el personal de las Fuerzas Armadas, de la Policía Nacional del Perú o en el juez de paz más cercano procederá al acto del levantamiento de cadáver de los miembros de las Fuerzas Armadas o de la Policía Nacional del Perú y de personas civiles, previo conocimiento del Ministerio Público. Excepcionalmente, se podrá prescindir de este requisito, cuando las condiciones de la zona o el contexto en el que se desenvuelve el operativo imposibiliten materialmente la comunicación previa al representante del Ministerio Público.

In all these cases, it will leave a record of such diligence, and give account to the representative of the Public prosecutor within twenty-four (24) hours over the term of the distance, of to be the case; also, it should make the delivery of the corpse immediately, under the responsibility.

3. La identificación, ya sea antes de la inhumación o después de la exhumación, tendrá lugar mediante la descripción externa, la documentación que porte el sujeto, la huella dactiloscópica o palmatoscópica, o por cualquier otro medio.

* Article amended by the following devices:

1. Ley 29472, publicada el 14 de diciembre de 2009.

2. Ley 29986, publicada el 18 de enero de 2013.

3. DL 1605, publicado el 21 de diciembre de 2023.

Article 196. Necropsy*

1. When it is probable that it is a case of criminality performed the necropsy to determine the cause of death. In the context of a declaration of a public health emergency, national, regional or local, and when there is suspected criminal, the necropsy and the prior acts shall be performed according to the protocols issued to that effect by the competent health authority, in coordination with the Public Ministry.

2. In case of death caused by an accident in a means of transport, or as a result of a natural disaster or disease epidemic or pandemic that involves the declaration of a public health emergency, national, regional or local, 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. 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.

* Artículo modificado por la Ley 31212, publicada el 10 de junio de 2021.

Article 197. 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 198. 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 199. 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 200. Examination in the case of abortion

In the case of abortion, we will check the pre-existence of pregnancy, signs indicative of the disruption of the same, the causes that determined the likely perpetrators, and the circumstances which serve for the determination of the nature and severity of the event.

Article 201. Pre-existence and Valuation

1. In the offences against the estate must be accredited 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.

Article 201-A. technical Reports specialized officers of the office of the Comptroller General of the Republic*

Reports expertise is prepared outside of the criminal process by the office of the Comptroller General of the Republic in the performance of their functions have the same quality of expertise, institutional extraprocedural when they have served worthwhile to file criminal charges in the case established by the literal b) of subsection 2 of article 326 of this Code, or as having been produced simultaneously with the preparatory research are offered as evidence and incorporated due to the process of its contradiction.

The respective lift and the appropriate test or examination to be carried out with the servers designated by the state entity author of the technical report.

Any clarification of reports of control that is required for the fulfilment of the purposes of the process shall be applied to the respective entity issuer.

The judge develops the activity and assessment of evidence, in accordance with paragraph 2 of article 155 and paragraph 1 of article 158 of this Code.

* Artículo incorporado por la Ley 30214, publicada el 29 de junio de 2014.

TITLE III: THE SEARCH FOR EVIDENCE AND RESTRICTION OF RIGHTS

CHAPTER I: GENERAL RULES

Artículo 202. Legalidad procesal

Cuando resulte indispensable restringir un derecho fundamental para lograr los fines de esclarecimiento del proceso, debe procederse conforme a lo dispuesto por la Ley y ejecutarse con las debidas garantías para el afectado.

Article 203. Budgets

1. The measures prescribed by the authority, in the cases stated in the previous article, should be performed in accordance with the principle of proportionality and to the extent that there are sufficient elements of conviction. The decision of the Judge of the Preparatory Research should be motivated, as the request of the Public Ministry.

2. The requirements of the Public Ministry will be motivated and properly supported. The Judge of the Preliminary Investigation, unless a specific rule, shall immediately, without any red tape. If not there is substantiated risk of loss of purpose of the measure, the Judge of the Preliminary Investigation shall be required to transfer prior to the parties to the proceedings and, in particular, to the affected. Also, to resolve, it may provide by resolution inimpugnable the conduct of a hearing with the intervention of the Public prosecutor and other parties to the proceedings, which will be held with the attendees.

3. When the Police or the prosecutor, provided that it does not require pre-judicial resolution, with cases of urgency or danger for the delay and for the strict purposes of inquiry, restrict fundamental rights of the people, belongs to the Prosecutor immediately apply for judicial confirmation. The Judge of the Preparatory Research, without any red tape, will decide on the same day or no later than the next day confirming or disapproving the measure implemented by the Police or the Prosecutor's office, except that it considers to be essential prior to transfer to the parties to the proceedings or, in your case, the conduct of a hearing with the intervention of the Prosecutor and of the affected. The resolution ordering the prior transfer, or the hearing is not appealable.

4. In respect of the conduct of the hearing, governed by the relevant article 8.

Article 204. Challenge

1. Against the order issued by the Judge of the Preparatory Research in the cases referred to in the previous article, the Prosecutor or the person affected may file the appeal within the third day of executed the measure. The Criminal Upper will absolve the grade, after a hearing, with the intervention of the parties to the proceedings legitimized.

2. The affected person may also request the re-examination of the measure before the Judge of the Preparatory Research if new circumstances set out the need for a change of the same. The Judge, in his discretion, shall decide whether the decision will be adopted prior to transfer to the other parties to the proceedings or by means of a hearing that will point to the effect. Against the self that resolves the request for review is appropriate to appeal, according to the procedure provided for in the above paragraph.

3. Against orders issued by the Criminal Chamber Upper dictated in the first instance only appropriate resource replenishment.

CHAPTER II: THE IDENTITY CONTROL AND VIDEO SURVEILLANCE

SUBCHAPTER I: THE CONTROL OF IDENTITY POLICE

Artículo 205. Control de identidad policial

1. La policía, en el marco de sus funciones, sin necesidad de comunicación u orden del Fiscal o del Juez, podrá requerir la identificación de cualquier persona y realizar las comprobaciones pertinentes en la vía pública o en el lugar donde se hubiere hecho el requerimiento, cuando considere que resulta necesario para prevenir un delito u obtener información útil para la averiguación de un hecho punible. El intervenido tiene derecho a exigir al Policía le proporcione su identidad, la dependencia a la que está asignado y a ser informado que el efectivo policial puede registrar en audio y video el momento de la intervención y registro, de ser el caso.(*)

2. The identification is performed in place in which the person will be assumed, by means of a corresponding document of identity. You must provide the intervened with the necessary facilities to find it and show it off. If in that act it is stated that your documentation is in order, will be returned to the document and authorize their removal from the place.

3. Si existiere fundado motivo que el intervenido pueda estar vinculado a la comisión de un hecho delictuoso, la policía podrá registrarle sus vestimentas, equipaje o vehículo. De esta diligencia específica, en caso resulte positiva, se levantará un acta, indicándose lo encontrado, comunicando de forma inmediata y por escrito al Ministerio Público.(*)

4. In case it is not possible to display an identity document, depending on the severity of the fact investigated and / or scope of the police operation practiced, will take into account the following provisions:

4.1.Se conducirá al intervenido a la Dependencia Policial más cercana para exclusivos fines de identificación, pudiéndose tomar las impresiones dactilares del intervenido y constatar si registra alguna requisitoria. Este procedimiento, contado desde el momento de la intervención policial, no puede exceder de cuatro horas en el caso de ciudadanos nacionales, luego de las cuales se le permitirá retirarse.

4.2. Para el caso de extranjeros, excepcionalmente el procedimiento descrito en el numeral anterior no puede exceder de doce horas para su plena identificación, para lo cual deberá tenerse en cuenta lo siguiente:

4.2.1.Si después de efectuada la comprobación de la identidad de las personas, se verifica que tienen antecedentes policiales, penales o judiciales en su país de origen o de cualquier otro país, se pondrá en conocimiento de la Superintendencia Nacional de Migraciones, para que proceda conforme Ley.

4.2.2. Si después de efectuada la comprobación de la identidad de las personas, se verifica que tienen requisitorias vigentes u órdenes de captura internacional, se procederá a su detención conforme a ley.

4.2.3. Si el extranjero intervenido está presuntamente vinculado a la comisión de un hecho delictuoso y antes de que concluya el plazo de doce horas, sin que se haya obtenido la información de autoridades nacionales, consulares del país de origen según sea el caso, y de los órganos de cooperación policial internacional para comprobar su identidad, la Policía pondrá en conocimiento del Ministerio Público tal situación, el que podrá solicitar ante el Juez de la Investigación Preparatoria las medidas coercitivas correspondientes. En caso contrario, corresponde que al intervenido se le permita retirarse.

4.2.4. La Policía deberá informar sin retraso a la Oficina Consular competente a solicitud del ciudadano extranjero intervenido. En todos los casos la Policía deberá llevar Libro-Registro en el que se hace constar las diligencias de identificación realizadas en las personas, así como los motivos y duración de las mismas.

4.3. En los casos descritos en los numerales 4.1. y 4.2. precedentes, el intervenido no podrá ser ingresado a celdas o calabozos ni mantenido en contacto con personas detenidas, y tendrá derecho a comunicarse con un familiar o con la persona que indique. La Policía deberá llevar, para estos casos, un Libro-Registro en el que se harán constar las diligencias de identificación realizadas en las personas, así como los motivos y duración de las mismas.

5. Siempre que sea necesario para las finalidades del juicio o para las finalidades del servicio de identificación, se pueden tomar fotografías del imputado, sin perjuicio de sus impresiones digitales, incluso contra su voluntad, comunicando este hecho al Ministerio Público, y efectuar en él mediciones y medidas semejantes. De este hecho se levantará un acta. (*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 206. Police control public on serious crimes*

1. Para el descubrimiento y ubicación de los partícipes en un delito causante de grave alarma social y para la incautación de instrumentos, efectos o pruebas del mismo, la Policía Nacional —comunicando al Ministerio Público— puede establecer controles en las vías, lugares o establecimientos públicos, en la medida indispensable a estos fines, al objeto de proceder a la identificación de las personas que transiten o se encuentren en ellos, al registro de los vehículos y al control superficial de los efectos personales, con el fin de comprobar que no se porten sustancias o instrumentos prohibidos o peligrosos.

2. La Policía abrirá un Libro-Registro de Controles Policiales Públicos, donde consta el resultado de las diligencias, con las actas correspondientes, las mismas que se pone en conocimiento del Ministerio Público.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

SUBCHAPTER II: VIDEO SURVEILLANCE

Article 207. Budgets and Implementation*

1. En las investigaciones por delitos violentos, graves o contra organizaciones criminales, el Fiscal, por propia iniciativa o a pedido de la Policía Nacional, y sin conocimiento del afectado, puede ordenar, la ejecución de actos de investigación como:

(a) Remote surveillance in real time and records audio and images still or moving of persons charged, places, objects or facts related to and of interest in the investigation; and,

(b) Observation, monitoring and follow-up investigated in places where transits, reside, visit or haunt, or on the objects or goods that employs; or other technical means and technological research when they are indispensable; all this is for identification purposes, in full, individualization and the establishment of links between illicit with people or evidence respective.

Estos medios técnicos de investigación se disponen cuando resulten indispensables para cumplir los fines de esclarecimiento del caso o cuando la investigación resultare menos provechosa o se ve seriamente dificultada por otros medios. En ambos casos, al término de la ejecución de dichos actos de investigación, corresponde dar cuenta al Juez competente para su respectiva convalidación.

2. Estas medidas podrán dirigirse contra otras personas si, en el supuesto del literal a) del numeral anterior, la averiguación de las circunstancias del hecho investigado se vieran, de otra forma, esencialmente dificultadas o, de no hacerlo, resultaren relevantemente menos provechosas. En el supuesto del literal b) del numeral anterior, se podrá dirigir contra otras personas cuando, en base a determinados hechos, se debe considerar que están en conexión con el investigado o cuando resulte indispensable para cumplir la finalidad de la investigación, sin cuya realización se podría frustrar dicha diligencia o su esclarecimiento pueda verse esencialmente agravado.

3. Se requerirá autorización judicial cuando estos medios técnicos de investigación se realicen en el interior de inmuebles o lugares cerrados.

4. Las medidas previstas en el presente artículo también se pueden llevar a cabo si, por la naturaleza y ámbito de la investigación, se ven irremediablemente afectadas terceras personas.

5. For its use as evidence in the trial, governs the procedure provided for the intervention of communications

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

CHAPTER III: RESEARCH

Article 208. Motives and object of the inspection*

1. La Policía Nacional, por si o por disposición Fiscal, inspecciona o realiza pesquisas en lugares abiertos, cosas o personas, cuando existan motivos plausibles para considerar que se encontrarán rastros del delito o cuando considere que en determinado lugar se oculta el imputado o alguna persona prófuga.

Before the verification of the assumptions identified should be communicated immediately to the Prosecutor.

2. The research aims to verify the status of the people, places, things, traces and other material effects that has, useful for the research. Its realization will make a record that will describe what happened, and, when possible, will be collected or preserved items useful materials.

3. If the fact did not leave traces or material effects, or if these have disappeared or have been tampered with, we will describe the current state, attempting to capture the above, the mode, time, and cause of their disappearance and alteration, and the means of conviction of which was obtained that knowledge. Similarly, we will proceed when the person sought is not in the place.

4. De ser posible se levantarán planos de señales, descriptivos y fotográficos y toda otra operación técnica, adecuada y necesaria al efecto.

*Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 209. Deductions*

1. La Policía, por propia iniciativa, dando cuenta al Fiscal, o por disposición de aquel, cuando resulte necesario que se practique una pesquisa, puede disponer que durante la diligencia no se ausenten las personas halladas en el lugar o que comparezca cualquier otra.

2. The retention only may last for four hours, after which they must gather, immediately, a court order, to extend the presence of the wiretapped.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 210. Registration of persons*

1. La Policía, por sí —dando cuenta al Fiscal— o por orden de aquél, cuando existan fundadas razones para considerar que una persona oculta en su cuerpo o ámbito personal bienes relacionados con el delito, procederá a registrarla. Antes de su realización se invitará a la persona a que exhiba y entregue el bien buscado. Si el bien se presenta no se procederá al registro, salvo que se considere útil proceder a fin de completar las investigaciones.

2. El registro se efectuará respetando la dignidad y, dentro de los límites posibles, el pudor de la persona. Corresponderá realizarlo a una persona del mismo sexo del intervenido, salvo que ello importe demora en perjuicio de la investigación.

3. El registro puede comprender no sólo las vestimentas que llevare el intervenido, sino también el equipaje o bultos que portare y el vehículo utilizado.

4. Antes de iniciar el registro se expresará al intervenido las razones de su ejecución, y se le indicará del derecho que tiene de hacerse asistir en ese acto por una persona de su confianza, siempre que ésta se pueda ubicar rápidamente y sea mayor de edad.

5. De todo lo acontecido se levanta un acta, la misma que se redacta en el lugar de los hechos, siempre y cuando las circunstancias del caso lo permitan, de lo contrario se realiza de manera obligatoria en la Comisaría de la jurisdicción. Dicha acta es firmada por todos los intervinientes directos en la respectiva diligencia. Si alguien no lo hiciera, se expone la razón.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

CHAPTER IV: THE INTERVENTION BODY

Article 211. Examining the body of the accused

1. The Judge of the Preparatory Research, at the request dei Public prosecutor, may order an examination body for the defendant to establish significant facts of the investigation, provided that the offence is punishable with imprisonment for a term greater than four years. With this purpose, even without the consent of the defendant, may be evidence of blood tests, genetic testing-molecular or other interventions in the body, as well as radiological examinations, always carried out by a doctor or other trained professional. The diligence is conditioned to not be subject reasonably serious damage to the health of the accused, to which, if it is necessary to count with a previous expert opinion.

2. If the examination of a woman's body can offend the modesty, without prejudice to the examination carried out by a doctor or other qualified professional, at his request should be admitted to another woman, or a family member.

3. The Prosecutor may order this test if the same must be done with urgency or danger for the delay, and can't wait for the court order. In that case, the Prosecutor will call immediately the judicial confirmation.

4. The due diligence will be noted in the minutes. In this due diligence will be present at the defense Attorney of the accused, except that it doesn't come in spite of the summons, or that there is well-founded risk that the test would be detrimental if not done immediately, in which case it may be present in a person of confidence always intervened that can be located in this act. In the record of the causal invoked to dispense with the intervention of the defense Attorney and the intervention of the person of trust involved.

5. The Public Ministry, or the National Police with knowledge of the Prosecutor, without a warrant, may have a minimum interventions for observation, as a small drawing of blood, skin, or hair that they do not cause any damage to your health, provided that the expert carrying out the intervention does not consider it risky. Otherwise, you will be asked for the court order, which will have a prior opinion of the expert which establishes the absence of danger of the intervention.

Article 212. Examining the body of other people

1. Other people are not blamed also can be examined without your consent, only in consideration of witnesses, always to be found, for the clarification of the facts, if you are located in your body certain trace or sequel to the crime.

2. In other people, not indicted, the tests for the determination of offspring and the extraction of blood without the consent of the examinee are eligible if there is no need to fear no harm to your health and the health measure is essential to the ascertainment of truth. The tests and the removal of blood may be made only by a physician.

3. Exams or extractions of blood tests can be rejected for the same reasons as the witness. If it is a minor or unable to, he decides his legal representative, except that it is unable to do so by being charged in the crime, in which case the Judge's decision.

Article 213. Examining the body for blood alcohol test*

1. La Policía, ya sea en su misión de prevención de delitos o en el curso de una inmediata intervención como consecuencia de la posible comisión de un delito mediante la conducción de vehículos, podrá realizar la comprobación de tasas de alcoholemia en aire aspirado.

2. Si el resultado de la comprobación es positiva o, en todo caso, si se presentan signos evidentes de estar bajo la influencia de bebidas alcohólicas u otro tipo de sustancia prohibida, el intervenido será retenido y conducido al centro de control sanitario correspondiente para realizar la prueba de intoxicación en sangre o en otros fluidos según la prescripción del facultativo.

3. La Policía, según el numeral 1) del presente artículo, elabora un acta de las diligencias realizadas, abre un Libro-Registro en el que se hace constar las comprobaciones de aire aspirado realizadas. En caso sea positivo el resultado de la prueba de alcoholemia, comunica lo ejecutado al Ministerio Público adjuntando un informe razonado de su intervención.

4. When it comes to intervention as a consequence of the possible commission of a crime, and should proceed in accordance with paragraph 2 of this article, governed by the provisions of paragraph (4) of article 210.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

CHAPTER V: THE RAID

Article 214. Application and scope of the search

1. Outside of the cases of flagrant offence, or of imminent danger of its perpetration, and provided that there are reasonable grounds to believe that it hides the accused or any person to be avoided, or property crime, or things relevant to the investigation, the Prosecutor will request a search warrant and house search of a home room, home business, in its dependencies, closed, or enclosure inhabited temporarily, and any other location closed, always, it is expected that you will be denied access act of the function to a particular site.

2. The application shall contain the specific location of the place or places to be registered, the specific purpose of the search, the errands to practice, and the approximate time it will take.

3. The reasons that determined the search without a warrant would be recorded in detail in the act.

Article 215. Content of the resolution

1. The resolution authoritative shall contain: the name of the Tax authorized, the specific purpose of the search and, if that is the case, the measures of coercion that correspond, the exact designation of the property that will be paved and registered, the maximum time for the duration of the diligence, and the provision of Law to the case of resistance to the mandate.

2. The order will have a maximum duration of two weeks, after which the authorisation expire, unless they have been issued by certain time or for a given period, in which case it shall contain such data.

Article 216. Development of the diligence

1. At the start of the diligence will be given a copy of the authorisation granted to the defendant whenever it is present, or to the person to whom the current availability of the site, communicating to the faculty that has to be represented or assisted by a person of trust.

2. If you are not the persons referred to above, the copy will be given and the notice will be directed to a neighbor, a person who lives with him, and in the absence of them, only to be possible, the goalie or his substitute.

3. La diligencia se circunscribirá a lo autorizado, redactándose acta. Durante su desarrollo se adoptarán las precauciones necesarias para preservar la reputación y el pudor de las personas que se encuentren en el local allanado. Asimismo, para no generar indefensión en el imputado, el registro se inicia con participación de un abogado defensor de su elección, o de no llegar este en un tiempo razonable, con la presencia del defensor público que se haya consignado.

El Fiscal en la solicitud de allanamiento consigna la asistencia de un defensor público para el desarrollo de la diligencia. El Juez en su resolución autoritativa dispone la presencia de este.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 217. The application of the Prosecutor for the confiscation and registration of persons

1. When this is the case, the Prosecutor will request that the search warrant understand the arrest of people and also the seizure of goods that can serve as proof or to be the subject of confiscation. In this case we will make an inventory in several copies, one of which will be the person responsible for the premises searched.

2. The search warrant, if the Prosecutor decides to do so, you can understand the personal registration of the persons present or to come, when you consider that the same can hide property crime, or in connection with the same. The Prosecutor, in addition, may provide, by recording the reasons in the act, that a certain person does not move away before that the due diligence has been completed. The ground breaking will be held and driven back in shape and enforced to the place.

CHAPTER VI: THE EXHIBITION FORZOZA AND SEIZURE

SUBCHAPTER I: THE EXHIBITION AND CONFISCATION OF GOODS

Article 218. The application of the Prosecutor

1. When the owner, possessor, manager, fork or other required by the Prosecutor to deliver or exhibits a well which constitutes the body of the crime and the things associated with him or which are necessary for the clarification of the facts investigated, refuses to do so, or when so by Law, prescribe, the Prosecutor, asked the Judge of the Preparatory Research declutter your seizure display or forced. The request shall be reasoned and shall contain the required specifications.

2. The Police don't need consent of the Prosecutor or court order when it is an intervention in flagrante delicto or imminent danger of its perpetration, the implementation of which will realize immediate Tax. When there is danger for the delay, the display or the seizure must arrange the Prosecutor. In all these cases, the Prosecutor, once it became aware of the extent or ordered their execution, will require the Judge of the Preparatory Research on the corresponding resolution confirmatory.

Article 219. Content of the resolution

1. The resolution authoritative specify the name of the Prosecutor authorized the designation of specific well or thing whose seizure or display is sorted and, if necessary, authorization to obtain a copy or photograph or filming or recording with indication of the site which will take place, and the provision of Law to the case of disobedience to the mandate.

2. Shall apply, where relevant, the same rules for the resolution confirmatory.

Article 220. Diligence of kidnapping or display

1. Obtained the authorization, the Attorney executed immediately, with the help of police. If this does not impair the purpose of the due diligence, the Prosecutor shall indicate the date and time for the realization of the diligence, with citation of the parties. At the start of the diligence will deliver a copy of the authorization to the person concerned, if it is assumed present.

2. The property subject to seizure shall be recorded with accuracy and appropriately individualized, establishing the security mechanisms to avoid confusion or altered from their original state; equally, you must identify the officer or person that assumes the responsibility or custody of the seized material. Of the implementation of the measure must be up a report, which will be signed by the participants at the event.
Corresponds to the Prosecutor to determine with precision the conditions and the people involved in the collection, shipment, management, analysis, and conservation of the seized, in addition, the changes made in them by each custodian.

3. Without prejudice to the foregoing, if it is a seizure of movable property shall be so taken into custody, and —if possible— will be entered in the corresponding register. If it is immovable property or of a right on it, in addition to their occupation, will be operated in a manner that is entered in the respective register such measure, in which case we will urge the court order in question.

4. The provisions in the two paragraphs above is applicable when the display or seizure is carried out by the Police or the Prosecutor in the cases provided for in article 216.2

5. The office of the Prosecutor of the Nation, in order to ensure the authenticity of the seized, shall issue the corresponding Regulation in order to regulate the design and control of the chain of custody, as well as the procedure for the safety and preservation of property seized.

Article 221. Conservation and Exhibition

1. Depending on the nature and status of the property seized, it shall have its proper preservation or custody.

2. In the case of the exhibition will be described faithfully in the act as found, without prejudice to reproduce it, using the technical means available.

Article 222. Return of seized goods and delivery of goods stolen

1. The Prosecutor and the Police with knowledge of the first may return to the aggrieved person or to a third party the objects seized, or deliver the seized because they were used in the research activity, with knowledge of the Judge of the Preparatory Research. Also, you will be able to return them to the imputed if you do not have any connection with the crime. The refund can be ordered provisionally and quality-of-deposit, which can be your display when necessary.

The goods taken away will be delivered to the aggrieved.

2. If the Prosecutor does not agree to the return or delivery, the affected party may request, within three days, the decision of the Judge of the Preparatory Research.

Artículo 223. Remate o subasta del bien incautado

1. When you have not identified the perpetrator or the victim, the well-seized after six months, it is finished off. The auction is done, upon the decision of the public Prosecutor's office referred the case if it has not been formalized Research High school or upon order of the Judge of the Preparatory Research if there is an open process, at the request of the Prosecutor.

2. The auction will be conducted by the competent administrative body of the Public Ministry, according to the directives regulations to that effect issued by the office of the Prosecutor of the Nation. In any case, you will follow the following guidelines:

(a) Recovery expert;

(b) Publication of a notice in the official newspaper or posters to the lack of newspaper.

3. El producto del remate, descontando los gastos que han demandado las actuaciones indicadas en el numeral anterior, será depositado en el Banco de la Nación a la orden del Ministerio Público si no se formalizó Investigación Preparatoria y, en partes iguales, a favor del Poder Judicial, del Ministerio Público y la Policía Nacional del Perú si existiere proceso abierto. Si transcurrido un año ninguna persona acredita su derecho, el Ministerio Público, el Poder Judicial y la Policía Nacional del Perú, dispondrán de ese monto en partes iguales, constituyendo recursos propios.(*)

4. When it comes to objects, instruments, effects or proceeds of the crimes whose ownership has been declared in favor of the State through a process of loss of control, and in cases of seizure or confiscation of goods, effects, or profit established in the ordinary rules for the commission of crimes in tort State, the National Commission of Seized Goods – CONABI proceed to the auction, in the manner and procedure established by the regulations of the matter. The product of this public auction will be allocated preferentially to the fight against illegal mining, corruption and organized crime, in accordance with the Regulation of the matter.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

SUBCHAPTER II: THE EXHIBITION, AND THE CONFISCATION OF ACTIONS AND DOCUMENTS THAT ARE NOT PRIVATE

Article 224. Seizure of documents that are not private. Duty to display. Secrets

1. They can also be the subject of exhibition or forcible seizure proceedings and documents that do not have the quality of private. In the case of a State secret, the Prosecutor's going to a Judge of the Preparatory Research to proceed, as appropriate, in accordance with the provisions of article 165° paragraphs 2) and 3).

The who is in possession of the acts and documents required is required to display or hand them over immediately to the Prosecutor, even your original, and all object that wield by reason of his office, job, ministry or profession, except that they express that it is a privilege or Status.

The affected, except in the case of invocation of a State secret, it may urge the judicial intervention, to set whether to display or seizure of all documents or acts that are operated by the Prosecutor.

2. When you invoke professional secrecy, the Prosecutor will conduct the necessary investigations to that effect, provided that it is indispensable to the progress of the research, and if it considers it to be unfounded opposition to the exhibition or seizure, shall request the intervention of the court. The Judge of the Preparatory Research, after a hearing, if it considers founded the request of the public Prosecutor to order the seizure.

3. When you invoke a State secret, the Prosecutor will make the President of the Council of Ministers requesting to confirm this character. In case they confirm the existence of the secret and the test is essential to the definition of the cause, the Prosecutor's going to a Judge of the preparatory Research, so that after a hearing with the assistance of the parties to decide if the closing of the investigation because of the existence of a State secret.

Article 225. Copies of seized documents

1. The Prosecutor may obtain a copy of the proceedings and of the seized documents, a return to the original. When you hold the seizure of the original, may authorize the issuance of free certified copy to those who held legitimately.

2. The servers and / or public officials may issue copies, extracts or extracts of the documents returned, in original or copy, by the Prosecutor, but mention must be made of the seizure existing.

3. To the person or office to which carried out the seizure, should be given a copy of the certificate of seizures made.

4. If the document seized part of a volume or a registration which may not be separated and the Prosecutor does not consider it appropriate to extract copy, the entire volume, or the record will remain on deposit of the court. The Public officer, with the consent of the Prosecutor, issue the request, copies, extracts or certificates of the parties to the volume or registration are not subject to seizure, making mention of partial seizure, in the copies, extracts and certificates.

5. Those affected will be able to encourage the intervention of the Judge of the Research to High school when the provision of the Tax affects unreasonably your rights or legal interests. The Judge will decide after a hearing with the assistance of the affected party.

CHAPTER VII: THE CONTROL OF COMMUNICATIONS AND PRIVATE DOCUMENTS

SUBCHAPTER I: THE INTERCEPTION AND SEIZURE ZIP

Article 226. Authorization

1. The cards, spreads, values, telegrams and other objects of correspondence or postal service, in offices or companies —public or private— of the postal or telegraph, directed to the defendant or sent for him, even under the assumed name, or those of which by reason of special circumstances, presumiere emanate from him, or that he may be the recipient, they may be subject, at the request of the Prosecutor to the Judge of the Preparatory Research, interception, seizure and subsequent opening.

2. The court order will be encouraged when its breeding is essential for the proper establishment of the facts investigated. This measure, strictly reserved and without the knowledge of the affected one, will be extended for the time strictly necessary, which shall not be greater than the period of the research.

3. In the same way, you may have to obtain copies or backups of electronic correspondence directed to the defendant or emanating from him.

4. The Judge of the Preparatory Research will, through processing booked and immediately, in view of the documents that justify the requirement tax. The refusal of the measure may be appealed by the Prosecutor, and the same shall be dealt reserved by the Superior Court, without any red tape and immediately.

Article 227. Execution*

1. Collected the authorization, the Prosecutor —by itself or ordering its execution, an official of the public Prosecutor's office or an effective Police— will immediately take the diligence of interception and seizure. Then examine externally correspondence or submissions retained, without opening them or take knowledge of its contents, and retain those that have to do with the fact the object of the research. Of the actions they will make a record.

2. The opening, review and analysis of the correspondence and shipments will be made at the place where the Prosecutor considers most convenient for the purposes of the research, according to the circumstances of the case. The Prosecutor will read the correspondence or review the content of the mailing retained. If you have a relationship with the research will have its seizure, give an account to the Judge of the Preparatory Research. On the contrary, if you do not have to do with the fact investigated will be returned to your recipient, directly or through the company of communication. The delivery can also be understood with some member of the family of the recipient or his representative or the legal representative. When only a part has a relationship with the case, at the discretion of the prosecutor, shall a certified copy of that party and shall order delivery to your recipient or vice versa.

3. In all the cases provided for in this article shall be drawn up in the corresponding record.

* Artículo modificado por la Ley 30077, publicada el 20 de agosto de 2013.

Article 228. Diligence review judicial

1. Completion of due diligence and conducted investigations immediate in relation to the result thereof, shall be communicated to the affected everything acted, and who can urge the review

2. The hearing will be conducted with the assistance of the affected, his or her counsel and other parties. The Judge will decide if the due diligence is carried out correctly and if the interception and seizure have understood communications related to the investigation.

Article 229. Request to the third person 

If the person in whose power is the correspondence, as required refuses to return it, you will be informed that incurs criminal liability. If he persists in his refusal, it shall draw up minutes of this and then we will start the investigation.

If the person supplied, due to the foundation of his refusal, secret of State or diplomatic immunity, shall be in accordance with paragraph (3) of article 224 in the first case, and will be asked to report to the Ministry of Foreign Affairs in the second case.

SUBCHAPTER II: THE INTERVENTION OF COMMUNICATIONS AND TELECOMMUNICATIONS

Artículo 230. Intervención, grabación o registro de comunicaciones telefónicas o de otras formas de comunicación y geolocalización de teléfonos móviles

1. El Fiscal por iniciativa propia o a requerimiento de la Policía Nacional en función de investigación, cuando existan suficientes elementos de convicción para considerar la comisión de un delito sancionado con pena superior a los cuatro años de privación de libertad y la intervención sea absolutamente necesaria para proseguir las investigaciones, puede solicitar al Juez de la Investigación Preparatoria la intervención, monitoreo o grabación de comunicaciones telefónicas, radiales, internet o de otras formas de comunicación, así como los registros de los datos derivados de las comunicaciones. Rige lo dispuesto en el numeral 4) del artículo 226.

2. La orden judicial puede dirigirse contra el investigado o contra personas de las que cabe estimar fundadamente, en mérito a datos objetivos determinados que reciben o tramitan por cuenta del investigado determinadas comunicaciones, o que el investigado utiliza su comunicación a través de cualquier medio o servicio, que para el efecto se considera a todo tipo sistema o plataforma de transmisión radial, telefónica, satelital, digital, por internet u otras formas de tecnologías de la información y las comunicaciones (TIC).

3. El requerimiento del Fiscal y, en su caso, la resolución judicial que la autorice, deberá indicar el nombre y dirección del afectado por la medida si se conociera, así como, de ser posible, la identidad del teléfono u otro medio de comunicación o telecomunicación a intervenir, grabar o registrar.

También indicará la forma de la interceptación, su alcance y su duración, al igual que la dependencia y los datos del personal policial o Fiscalía que se encargará de la diligencia de intervención y grabación o registro.(*)

4. Las empresas prestadoras de servicios de comunicaciones que operan en el país, están obligadas a brindar las facilidades, en forma inmediata, para la intervención, grabación o registro de las citadas comunicaciones, que incluye la geolocalización, dispuesta mediante resolución judicial, en tiempo real y en forma ininterrumpida, las 24 horas de los 365 días del año, bajo apercibimiento de ser pasible de las responsabilidades de Ley en caso de incumplimiento. Al efecto, deben acondicionar y adecuar su tecnología para la conectividad automatizada con el sistema de intervención y control de las comunicaciones de la Policía Nacional. Los servidores de las indicadas empresas deben guardar secreto acerca de las mismas, salvo que se les citare como testigo al procedimiento.

Dichos concesionarios otorgan acceso, la compatibilidad y conexión de su tecnología con el Sistema de Intervención y Control de las Comunicaciones de la Policía Nacional del Perú. Asimismo, cuando por razones de innovación tecnológica los concesionarios renueven sus equipos y software, se encontrarán obligados a mantener la compatibilidad con el sistema de intervención y control de las comunicaciones de la Policía Nacional del Perú.

5. La intervención de las comunicaciones en ejecución, se interrumpe, cuando hubiere transcurrido el plazo de duración fijado para la misma. Es interrumpida también por disposición del fiscal cuando los elementos de convicción tenidos en consideración para ordenar la medida desaparecen o cuando en tiempo prudencial determinado por el fiscal no se registren comunicaciones con relevancia penal, advertidas por la Policía Nacional o siendo informadas por el personal de la unidad especializada de la Policía Nacional a cargo de la intervención física, o cuando se concrete la intervención o detención del o de los afectados de la medida y por ende cesen las comunicaciones con interés para la investigación; bajo responsabilidad.

6. El plazo de la intervención de las comunicaciones no excederá de sesenta días. Excepcionalmente puede ser prorrogado por igual plazo y por única vez, previo requerimiento sustentado del Fiscal y decisión motivada del Juez de la Investigación Preparatoria. La prórroga solo podrá sustentarse en el aporte de nuevos y suficientes elementos probatorios que la justifiquen.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 231. Registration of the intervention of telephone calls or other forms of communication.*

1. La intervención de comunicaciones que trata el artículo anterior es registrada mediante la grabación y aseguramiento de la fidelidad de la misma. Las grabaciones de voz y texto, data y metadata, así como cualquier otra información de análisis de producción automática, recolectadas por la unidad especializada de la Policía Nacional, durante la ejecución de la medida dispuesta por mandato judicial y el Acta de Recolección y Control son entregados directamente al Fiscal, quien dispone su uso y conservación con todas las medidas de seguridad al alcance y cuida que las mismas no sean conocidas por personas ajenas al procedimiento.

2. Durante la ejecución del mandato judicial de los actos de recolección y control de las comunicaciones se deja constancia en Acta suscrita por el Fiscal y el personal de la unidad especializada del sistema de intervención y control de las comunicaciones de la Policía Nacional. El Acta debe contener los resúmenes de los segmentos de las comunicaciones relevantes, con indicación de las secuencias horarias, para su rápida ubicación en los soportes de los audios que acompañan a la misma, debiéndose conservar la grabación completa hasta la culminación del proceso penal correspondiente. Durante todo el proceso penal y por orden del juez competente se puede reevaluar las comunicaciones almacenadas, de acuerdo a las circunstancias. Posteriormente, el Fiscal o el Juez, si lo consideran necesario pueden disponer la transcripción de los segmentos de las comunicaciones relevantes, a partir de las grabaciones en los soportes magnéticos, que son realizadas por personal pertinente, levantándose el acta correspondiente.

3. Una vez ejecutada la medida de intervención y realizadas las investigaciones inmediatas en relación al resultado de aquélla, se pondrá en conocimiento del afectado todo lo actuado, quien puede instar el reexamen judicial, dentro del plazo de tres días de notificado. La notificación al afectado sólo será posible si el objeto de la investigación lo permitiere y en tanto no pusiere en peligro la vida o la integridad corporal de terceras personas. El secreto de las mismas requerirá resolución judicial motivada y estará sujeta a un plazo que el Juez fijará.

4. La audiencia judicial de reexamen de la intervención se realizará en el más breve plazo. Estará dirigida a verificar sus resultados y que el afectado haga valer sus derechos y, en su caso, impugnar las decisiones dictadas en ese acto.

5. Si durante la ejecución del mandato judicial de intervención y control de las comunicaciones, en tiempo real se tomara conocimiento a través de nuevos números telefónicos, o por identificación de comunicaciones, sobre una inminente afectación a la vida, integridad física de manera grave o libertad de las personas en el marco de la comisión de cualquier delito, el Fiscal en forma excepcional, siempre y cuando hubiere sido prevista esta eventualidad en el mandato judicial y no pudiera ser atendida por el juez competente por apremio, el fiscal puede emitir disposición para la inmediata intervención de dicho número por un plazo no mayor de 72 horas, dando cuenta con la máxima celeridad al Juez competente, solicitando su respectiva convalidación, bajo responsabilidad.

* Artículo modificado por los siguientes dispositivos:

1. Ley 30077, publicada el 20 de agosto de 2013.

2. DL 1605, publicado el 21 de diciembre de 2023.

SUBCHAPTER III: THE ASSURANCE, AND THE CONFISCATION OF PRIVATE DOCUMENTS

Article 232. Assurance of private documents

When the Police or the Prosecutor, to make a personal record, an inspection at a place or in the course of a search warrant, found in the power of the spoken or in a place subject to inspection or search of a private document, and has not been collected previously the order of forfeiture in accordance with the following article, shall be limited to secure it —without examining its contents, without prejudice to the Prosecutor put it to the immediate disposal of the judicial authorities, before defeated twenty-four hours of the due diligence, along with a reasoned report and requesting to dictate order of seizure, prior examination of the document. The Judge will resolve within a day of receipt of the communication under the responsibility.

Article 233. Seizure of private documents

1. The Prosecutor, when there are sufficient grounds for believing that a person is in possession of private documents useful for the research, ask the Judge for the Preparatory Research

2. The resolution authoritative shall be issued immediately, without register, and will contain primarily the name of the Attorney who authorizes, the person object of intervention and, if possible, the document type, subject of seizure.

3. Collected the authorization, the Attorney will run immediately. The diligence raise the act of seizure appropriate, indicating the impact of the development of the same.

4. Governed, as applicable, article 218° and following.

Article 234. Assurance and seizure of accounting and administrative documents

1. The office of the Prosecutor, or the Police by order of the Prosecutor, when it comes to inquiries indispensable for the clarification of an offence, may inspect the books, records and accounting and administrative documents of a person, natural or legal. If your review considers that it must seize this documentation, in whole or in part, and no court order, shall be limited to secure it by lifting the corresponding record. Then the Prosecutor will require immediate judicial intervention, before defeated twenty-four hours of the due diligence, along with a reasoned report and the respective record, requesting to turn the mandate of seizure appropriate.

2. Governed, as appropriate, to the provisions in articles 230° 231°.

CHAPTER VIII: THE LIFTING OF BANKING SECRECY AND TAX RESERVE

Article 235. Lifting of the bank secrecy*

1. El Juez de la Investigación Preparatoria, a solicitud del Fiscal, podrá ordenar, reservadamente y sin trámite alguno, el levantamiento del secreto bancario, cuando sea necesario y pertinente para el esclarecimiento del caso investigado.

2. Recibido el informe ordenado, el Juez previo pedido del Fiscal, podrá proceder a la incautación del documento, títulos-valores, sumas depositadas y cualquier otro bien o al bloqueo e inmovilización de las cuentas, siempre que exista fundada razón para considerar que tiene relación con el hecho punible investigado y que resulte indispensable y pertinente para los fines del proceso, aunque no pertenezcan al imputado o no se encuentren registrados a su nombre.

3. El Juez de la Investigación Preparatoria, a solicitud de Fiscal, siempre que existan fundadas razones para ello, podrá autorizar la pesquisa o registro de una entidad del sistema bancario o financiero y, asimismo, la incautación de todo aquello vinculado al delito. Rige lo dispuesto en el numeral 2 del presente artículo.

In cases you have an emergency that threatens imminently life, integrity or liberty of the victim, the Prosecutor, by itself or at the request of the National Police, requires the measurement of the lifting of bank secrecy, the Criminal Judge, within twenty-four (24) hours, under the functional responsibility. The deadline for the Tax is computed from receiving the police report preliminary. The judicial authority resolves the origin of such a measure in the same period from the receipt of the request tax. In case of being from the Judge must apply directly to the information to the financial entities that apply and, in addition, be ordered to be referred to the Prosecutor and the police unit in charge of the investigation, in a term not to exceed twenty-four (24) hours.

4. Dispuesta la incautación, el Fiscal observará en lo posible el procedimiento señalado en el artículo 223.

5. The companies or entities required with the court order must provide, within a maximum period of thirty business days, the corresponding information or the minutes and documents, including your original one, if so ordered, and all other connection to the process that determines, by reason of its activity, under penalty of responsibilities set out in the act. The judge fixed the term attention to the characteristics, complexity and circumstances of the particular case.

6. Las operaciones no comprendidas por el secreto bancario serán proporcionadas directamente al Fiscal a su requerimiento, cuando resulte necesario para los fines de la investigación del hecho punible.

*Artículo modificado por los siguientes dispositivos:

1. Ley 30096, publicada el 22 de octubre de 2013.

2. DL 1605, publicado el 21 de diciembre de 2023.

Article 236. Lifting of the tax reserve

1. The Judge, at the request of the Prosecutor, may raise the tax reserve and require to the Tax Administration the display or the sending of information, documents and statements of a tax nature in his power, when it is necessary and relevant for the clarification of the case investigated.

2. The Tax Administration must display, or submit your case information, documents or statements ordered by the Judge.

3. Governed, as appropriate, the provisions of items 3 and 4 of the preceding article.

CHAPTER IX: THE CLOSING OR MONITORING OF LOCAL AND IMMOBILIZATION

Article 237. Source

1. The Judge, at the request of the Prosecutor, and when it is indispensable for the investigation of an offence punishable with imprisonment for more than four years of deprivation of liberty, may provide for the closing or the monitoring of a temporary local, for a term of not more than fifteen days, extendable for a similar period if the circumstances so require.

2. Also, you can have the immobilization of movable things which by their nature or dimension can not be maintained on deposit and may serve as a means of proof. In this case you will proceed to secure them according to the rules of the search. The periods of retention of such property in the possession of the authority are the same as in the above paragraph.

Article 238. The application of the Prosecutor

The Prosecutor shall specify in your request the fundamentals and the aim pursued, the individuality of the local or movable object of the request, the approximate time duration of the measurement, and other data which it deems to be appropriate.

Article 239. Content of the resolution

The resolution authoritative contain the name of the Prosecutor requesting the express permission of the local or movable property, the time duration of the measurement and the provision of Law to the case of resistance to the mandate.

Article 240. Form of diligence

Obtained the authorization, with citation of the parties and, if necessary with the assistance of the police, will be held as formulated certificate that will be signed in the same place, except in circumstances of force majeure. The Prosecutor will dictate the most appropriate measures for the custody and preservation of the things furniture.

Article 241. Decommissioning, monitoring and immobilization of urgency

The Prosecutor may order and perform, for reasons of urgency or danger for the delay, the closing or monitoring of the premises or the immobilization of movable property, where it is essential to start or continue the investigation. The measurement, before defeated twenty-four hours following completion of the due diligence, ask the Judge for a resolution confirmatory and to the effect be appended to a copy of the certificate.

TITLE IV: THE TEST EARLY

Article 242. Test cases early*

1. During the proceedings, a preliminary or once you have completed the preparatory research, at the request of the Prosecutor or of the other parties to the proceedings, may be urged the Judge of the Preparatory Research the performance of a test in advance, in the following cases:

(a) Testimonial and review from the expert, when you require them urgently to the presence of a probable cause to believe that it can be done in the trial due to illness or other serious impediment, or who have been exposed to violence, threat, offer or promise of money or any other utility for who do not declare or do so falsely. The questioning of the expert, you can include the discussion of the expert where he is from.

(b) Confrontation between the people who have declared, for the same reasons as in the previous paragraph, provided that you comply with the requirements set out in article 182.

c) Examinations, inspections, or reconstructions, which by their nature and characteristics must be considered acts definitive and irreproducible, and it is not possible to delay their execution until the execution of the judgment.

d) Declaration of girls, boys and adolescents in their quality of aggrieved by the crimes covered by articles 153 and 153-A of Chapter I: Violation of personal freedom, and falling in Chapter IX: Violation of sexual freedom, Chapter X: Pimping and Chapter XI: Offending the modesty in public, covered by Title IV: Crimes against the freedom of the Criminal Code.

The statements of the children and adolescents will be carried out with the intervention of psychologists specializing in cameras Gesell or interview rooms that are implemented by the Public Ministry.

The statements and interviews will be filmed and recorded in order to avoid the re-victimization of the aggrieved.

(e) Statement, Testimonial, and examination of expert witness in cases of organized crime, as well as in the crimes against the public administration, as provided for in articles 382 401 of the Penal Code.

2. The same test performances may be carried out during the intermediate stage.

*Artículo modificado por los siguientes dispositivos:

1. Ley 30364, publicada el 23 de noviembre de 2015 (link: bit.ly/3KJByQT).

2. DL 1307, publicado el 30 de diciembre de 2016

Article 243. Application requirements*

The application of early test will be presented to the Judge of the Preparatory Research in the course of the proceedings preliminary and preparatory research, or even before submitting the case to the Criminal Court, provided that there is sufficient time to do it in the proper way.

1. The request shall specify the test act, the facts which constitute its object, and the reasons of its importance to the decision on the trial. Also indicate the name of the people who should be involved in the act and the circumstances of its origin, which do not allow of his performance in the trial.

2. The application, in addition, you must identify the parties to the proceedings constituted in cars, and his address for service. The Public Ministry will attend mandatory hearing test early and will display the record prosecutor for immediate consideration by the Judge in that act.

*Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 244. Processing of the application

1. The Judge shall be served by two days so that the other parties to the proceedings to present their considerations with respect to the requested test.

2. The Prosecutor, stating, may request the postponement of the due diligence requested by the other party, provided that it does not prejudice the practice of the required test, where their actions may impair the acts of investigation, immediate, stating with precision the causes of prejudice. Also, indicate the term of the deferral is requested.

3. The Judge will decide, within two days, if it accepts the request for advance test and, in your case, if postponed due diligence and the appropriate time frame.

4. In cases of urgency, to ensure the practice of the trial, the Judge shall provide that the terms are abbreviated as necessary. If there is imminent danger of loss of evidence and its performance will not admit of delay, at the request of the Prosecutor, decides his conduct immediately, without moving any, and perform the test by appointing public defender to control the act, if it is that it is impossible to communicate their performance to the defense.

5. The resolution provides for the making of the advance test shall specify the object of the test, the people interested in your practice and the date of the hearing, that, except as provided in the case of an emergency, it may not be before the tenth day of the summons. We will quote all the parties to the proceedings, without exclusion.

6. If it comes to the performance of several tests, will be carried out in a unique audience, except that it is manifestly impossible.

Article 245. Hearing test early

1. The hearing will be in public act, and with the necessary participation of the Prosecutor and the defense attorney of the accused. If the defender does not appear in this act shall be appointed to one office, except that due to the nature of the test can wait for your practice. The audience, in this latter case, it is marked necessarily within the fifth day following, without the possibility of postponement.

2. The other parties to the proceedings shall be cited mandatory and shall be entitled to be present in the act. Your inconcurrencia not frustrates the audience.

3. The tests will be performed with the formalities established for the trial.

4. If the practice test is not concluded in the same hearing may be postponed to the next business day, except that its development requires a long time.

5. The act and other things and documents added to the binder of early test will be referred to the Prosecutor. The defenders will have the right to know and obtain a copy.

Article 246. Appeal 

Against the resolution that orders the performance of the test ahead, dismiss it, or provide for the deferment of their practice, as well as decide the conduct of the due diligence under the assumption of urgency, it is appropriate to appeal, with restitution.

TITLE V: THE MEASURES OF PROTECTION

Article 247. Beneficiaries of the protection measures*

1. The protection measures provided for in this Title are applicable to those in the capacity of witnesses, experts, aggrieved, special agents or partners involved in the criminal proceedings.

2. For the measures of protection will be necessary for the Prosecutor, during the preparatory research, or the Judge, appreciate rationally a serious hazard to the person, liberty, or property of any person seeking to rely on them, your spouse or your partner, or their ascendants, descendants, brothers or sisters.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 248. Protection measures*

1. The Prosecutor, or the Judge, as the case may be, appreciated the circumstances provided for in the preceding article shall, ex officio or at the request of the parties, shall take according to the degree of risk or danger, the measures necessary to preserve the identity of the protected, your home address, profession, place of work, without prejudice to the action of a contradiction that they may assist the accused.

2. The protection measures that can be taken are the following:

(a) The protection of the police.

(b) Change of residence.

c) Concealment of his whereabouts.

d) Reserve your identity and other personal data in the proceedings, that is to practice, and any other data that can serve for their identification, and can be used for a number or any other key. When it comes to an inmate of a correctional facility, communicates to the Address of Record Prison of the National Penitentiary Institute or to do his times.

(e) Use of any procedure that prevents their visual identification of normal in the proceedings, that is to practice.

f) Fixing such as an address, for the purposes of summonses and notices, the headquarters of the competent Prosecutor, to which you will come quietly to the recipient.

g) Use of technological procedures, such as video-conferencing, or other suitable, provided that they have the resources needed for their implementation. This measure was adopted in order to avoid being put in danger the security of the protected once disclosed his identity, and as long as you require the preservation of the right of defence of the parties.

h) Provided that there is imminent and serious risk to the life, physical integrity or liberty of the protected or that of their family and not be able to maintain these legal property of another mode, you will be able to facilitate their exit from the country with an immigration status that allows them to temporarily reside or perform work activities abroad.

*Artículo modificado por los siguientes dispositivos:

1. Ley 30077, publicada el 20 de agosto de 2013.

2. DL 1301, publicado el 30 de diciembre de 2016.

Article 249. Additional measures*

1. The office of the Prosecutor and the Police in charge to take care to avoid that the aggrieved parties, witnesses, experts and collaborators object of protection will provide photographs or take your picture for any other procedure, it being necessary to proceed to remove the material and immediately returned to its owner once it is confirmed that there are no vestiges of images in which they appear protected in such a way that they could be identified. It will also transfer vehicles suitable for the proceedings, and a quiet environment for their exclusive use, properly guarded, when it is the case to stay in the premises of the court for his statement.

2. The Prosecutor will decide whether, once the process is complete provided that it finds that it keeps the circumstance of grave danger provided for in this title, the following protection measures, with the exception of the reservation of the identity of the complainant, which will keep the character in the case of criminal organizations.

3. In exceptional cases, the Judge at the request of the Prosecutor, may order the issuance of documents of a new identification and financial means to change his residence or place of work.

4. When the witness or partner are detained in a prison establishment, the Judge at the request of the Prosecutor has the National Penitentiary Institute to establish the security measures that are within its terms of reference.

* Artículo modificado por los siguientes dispositivos:

1. Ley 30077, publicada el 20 de agosto de 2013.

2. DL 1301, publicado el 30 de diciembre de 2016.

Article 250. Variability of the measures

1. The competent judicial authority for the trial shall make a reasoned decision on whether to keep, modify, or delete some or all of the protective measures taken by the Prosecutor or the Judge during the stages of Preparatory Research, or Intermediate, as well as from other new.

2. If either party requests motivationally, before the start of the trial or for the performance of an early test referred to as the protected, the knowledge of its identity, whose statement or report is estimated to be relevant, the court, in the same car that declare the relevance of the proposed test, and if it is indispensable to the exercise of the right of defense, may provide the name and surname of the protected, respecting the remaining guarantees recognized in this Title.

3. Within the third day of the notification of the identity of the protected, the parties may propose new evidence tending to prove any circumstances that may include on the probative value of his testimony.

Article 251. Review and Challenges

1. Against the provision of the Prosecutor ordered a measure of protection, it is appropriate that the affected recourse to the Judge of the preparatory research to examine their origin.

2. Against the resolutions relating to the protection measures applicable appeal with restitution.

Artículo 252. Programa de protección

The Executive branch, subject to a report from the office of the Attorney general and the Executive Council of the Judiciary, shall regulate the scope of this Title. Also, in coordination with the public Prosecutor of the Nation, will define the Program for the Protection of injured, witnesses, expert witnesses and collaborators of justice.

SECTION III: ENFORCEMENT PROCEDURE

TITLE I: GENERAL RULES

Article 253. Principles and purpose

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 Law allows it and with the guarantees provided for in it.

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 when is 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.

Article 254. Requirements and process of the writ

1. The measures that the Judge of the Preparatory Research imposed in those cases requiring judicial resolution especially motivated, upon the request of the subject of procedural legitimacy. The effects of the procedure governing the numerals 2) and (4) of article 203.

2. The warrant must contain, under penalty of nullity:

(a) The summary description of the fact, with the indication of the legal norms that are considered violated.

(b) The exposure of the specific objectives pursued and the elements of conviction that justify particular the measure, by appointment of the procedural law applicable.

c) The fixing of the term of duration of the measure, in the cases provided for by Law, and of the controls and guarantees its proper execution.

Article 255. Legitimation and variability

 1. Las medidas establecidas en este título, sin perjuicio de las reconocidas a la Policía y al fiscal, sólo se impondrán por el juez a solicitud del fiscal, considerando lo establecido en los artículos 261-A, 268-B y 292-A; salvo el embargo y la ministración provisional de posesión que también podrá solicitar el actor civil. La solicitud indicará las razones en que se fundamenta el pedido y, cuando corresponda, acompañará los actos de investigación o elementos de convicción pertinentes.(*)

2. The cars that will vote on these measures are reformables, even ex officio, when you vary the assumptions that led to the imposition or rejection.

3. Except as provided with respect to the seizure and of the ministering provisional possession, corresponds to the Public prosecutor and the accused to ask the Judge to reform, repeal or replacement of the measures of a personal nature, who resolved within three days, after a hearing with the citation of the parties.

(*) 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)  

Article 256. Replacement or accumulation 

The violation of a measure imposed by the court, shall, ex officio or at the request of the party entitled, the replacement or the accumulation with other far more serious, taking into the consideration the entity, the reasons and circumstances of the violation, as well as the entity of the crime imputed.

Article 257. Challenge

1. Cars, imposing, striking, reform, replace, or build up the measures provided for in this Section are contested by the Public prosecutor and the accused.

2. The complainant and the third civil may only have recourse in respect of the measures of economic affect your right in order to repair civil.

Article 258. Intervention of the parties to the proceedings 

In the procedure for the imposition of a measure provided for in this section, followed by the Judge of the Preparatory Research and in the procedure recursal, the other parties to the proceedings may intervene by filing a written report, or by making any requirement, then started the procedure. This intervention will proceed provided it does not endanger the purpose of the measure.

TITLE II: DETENTION

Article 259. Police Arrest*

The National Police of Peru stops, without warrant, who surprised in flagrante delicto. There flagrante delicto when:

1. The agent is discovered in the realization of the punishable act.

2. The agent has just committed a punishable act and is discovered.

3. The agent has fled and has been identified during or immediately after the commission of the punishable act, either by the aggrieved person or any other person who may have witnessed the incident, or for audiovisual media, devices, or equipment with the technology you have registered your image, and is found within twenty-four (24) hours from the occurrence of a punishable act.

4. The agent is found within twenty-four (24) hours after the perpetration of the crime with effects or instruments from one or which may have been used to commit the crime or with signs in themselves or in their dress that indicate their likely authorship, or participation in, the fact delinquent.

(*) Artículo modificado por los siguientes dispositivos:

1. DL 983, publicado el 22 de julio de 2007.

2. Ley 29372, publicada el 9 de junio de 2009.

3. Ley 29569, publicada el 25 de agosto de 2010.

Article 260. Citizen's Arrest

1. In the cases provided for in the preceding article, any person may make an arrest in a state of flagrante delicto criminal.

2. In this case, you must deliver immediately arrested, and things that constitute the body of the crime to the nearest Police. It is understood by immediate delivery to the time that it takes for the target to the dependency nearest law enforcement or the Police that is located near the place. In any case, the warrant authorizes to enclose or maintain deprived of their liberty in a public or private place, until their delivery to the police authority. The Police will prepare a certificate stating the delivery and other circumstances of the intervention.

Artículo 261. Detención preliminar judicial

1. El juez de la investigación preparatoria, a requerimiento del fiscal, emite una resolución debidamente motivada, teniendo a la vista las actuaciones remitidas por aquel, y dicta mandato de detención preliminar cuando:(*)

(a) Is not this a case of flagrante delicto criminal, but there are plausible reasons to believe that a person has committed an offence punishable with imprisonment for a term exceeding four years and, by the circumstances of the case, may shed some possibility of leakage, or obstruction of the investigation of the truth.

(b) The surprised in flagrante delicto to avoid his arrest.

c) The detainee fugare of a detention center preliminary.

2. In the above cases, to extend the detention order is required that the accused is properly individualized with the following data: full names, age, sex, place, and date of birth.

3. The order of detention shall be brought to the attention of the Police as soon as possible, in written form under charge, who runs immediately. When extraordinary circumstances can be sorted on the enforcement of detention by e-mail, facsimile, telephone or other means of communication valid that ensures the veracity of the judicial office. In all these cases, the communication should contain the data of the personal identity of the required as indicated in paragraph two.

4. Las requisitorias cursadas a la autoridad policial tienen una vigencia de seis meses. Vencido este plazo, caducan automáticamente bajo responsabilidad, salvo que fuesen renovadas. La vigencia de la requisitoria para los casos de terrorismo, espionaje, tráfico ilícito de drogas, robo agravado, extorsión, sicariato, los delitos de competencia del Sistema Nacional Especializado de Justicia para la Protección y Sanción de la Violencia contra las Mujeres e Integrantes del Grupo Familiar (SNEJ), señalados en el artículo 3 del Decreto Legislativo 1368, los delitos contra la dignidad humana y los delitos cometidos por organizaciones criminales no caducan hasta la efectiva detención de los requisitoriados.(*)

(*) 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)

Artículo 261-A. Impedimento de la detención preliminar judicial

El fiscal se encuentra impedido de solicitar detención preliminar judicial contra el personal de la Policía Nacional del Perú en situación de actividad en cuadros que, en el ejercicio de su finalidad constitucional, hace uso de sus armas o medios de defensa en forma reglamentaria y, como consecuencia de ello, acontece alguna lesión o muerte.(*)

(*) 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)

Article 262. Motivation of the writ of arrest 

The arrest warrant must contain the identity of the accused, the summary of the facts that are the subject of imputation, the foundations of law and fact, with express mention of the legal provisions applicable.

Article 263. Duties of the police authority*

1. La autoridad policial que ha efectuado la detención en flagrante delito o en los casos de arresto ciudadano, informa al detenido el delito que se le atribuye y por los canales correspondientes comunica inmediatamente el hecho al Ministerio Público. También informa al Juez de la Investigación Preparatoria tratándose de los delitos de terrorismo, espionaje, tráfico ilícito de drogas y delitos cometidos por organizaciones criminales.

2. En los casos del artículo 261, sin perjuicio de informar al detenido del delito que se le atribuye y de la autoridad que ha ordenado su detención, comunicará la medida al Ministerio Público y pondrá al detenido inmediatamente a disposición del Juez de la Investigación Preparatoria. El Juez, tratándose de los literales a) y b) del numeral 1 del artículo 261, inmediatamente examinará al imputado, con la asistencia de su Defensor o el de oficio, a fin de verificar su identidad y garantizar el cumplimiento de sus derechos fundamentales. Acto seguido, lo pondrá a disposición del Fiscal y lo ingresará en el centro de detención policial o transitorio que corresponda. En los demás literales, constatada la identidad, dispondrá lo conveniente.

3. En todos los casos, la Policía advertirá al detenido o arrestado que le asiste los derechos previstos en el artículo 71. De esa diligencia se levantará un acta.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 264. Term of detention*

1. La detención policial dura un plazo de cuarenta y ocho (48) horas o el término de la distancia.**

2. La detención preliminar dura setenta y dos (72) horas. Excepcionalmente, si subsisten los requisitos establecidos en el numeral 1) del artículo 261 del presente Código y se presenten circunstancias de especial complejidad en la investigación, puede durar un plazo máximo de siete (7) días.

3. En los delitos cometidos por organizaciones criminales, la detención preliminar o la detención judicial por flagrancia puede durar un plazo máximo de diez (10) días.

4. The police custody or pretrial detention can last up to a term of not more than fifteen (15) days in the crimes of terrorism, espionage, drug trafficking and crimes committed by criminal organizations.

5. The Criminal Judge, in these cases, it is specially empowered to adopt the following measures:

(a) Be constituted, at the request of the detainee, to the place where the arrested person and find out the reasons for the deprivation of freedom, the advancement of research and the state of your health. In case of warning the involvement misappropriation of the right of defence or of irregularities that seriously harm the success of the research, puts such irregularities in the knowledge of the Prosecutor in the case, without prejudice to communicate what happened to the Prosecutor Higher competent. The Prosecutor shall establish the measures of correction as appropriate, with the knowledge of the Judge intervened.

(b) Have an immediate medical examination of the legal stopped, at the end of the distance, and when the Prosecutor is not what I had ordered, without prejudice to authorize at any time of its recognition by primary care physician. The detainee has the right, by itself, by its attorney or by any of their family members, to be examined by a medical examiner or individuals, without the Police or the Public prosecutor may limit this right.

c) To authorize the transfer of the detainee from one place to another in the Republic after the medical check-up, prior reasonable request of the Prosecutor, when the extent strictly necessary for the success of the investigation or the safety of the detainee. The duration of the transfer may not exceed the term specified in the first paragraph of this article and should be brought to the attention of the Prosecutor and the Judge of the place of destination.

6. Within the term of the detention determined by the Judge, the Prosecutor decides whether to sort the freedom of the detained person, or if, informing the Judge of the Preparatory Research for the continuation of the research, it requests the pretrial detention or other alternative measure.

7. Al requerir el Fiscal en los casos señalados en los incisos anteriores la prisión preventiva del imputado, la detención se mantiene hasta la realización de la audiencia en el plazo de cuarenta y ocho horas.

*Artículo modificado por los siguientes dispositivos:

1. DL 1298, publicado el 30 de diciembre de 2016.

2. DL 1605, publicado el 21 de diciembre de 2023.

** Inciso derogado tácitamente por la Ley 30558, publicada el 9 de mayo de 2017, que modificó el literal f del inciso 24 del artículo 2 de la Constitución. Luego, recobró vigencia y fue modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 265. Pretrial detention incommunicado

1. Arrested a person on charges of terrorism, espionage and smuggling of drugs, or for an offence punishable with imprisonment exceeding six years, the Prosecutor may apply to the Judge of the Preparatory Research to decree his confinement, provided that it is indispensable for the elucidation of the facts investigated and for a period not exceeding ten days, provided they do not exceed the duration of the detention. The Judge is expected to rule immediately and without processing any of the same by a reasoned resolution.

2. Isolation does not prevent the conferences in private between the defence counsel and the accused, which do not require prior authorization or may be prohibited.

Article 266. Arrest lawsuit in case of flagrante delicto*

1. El Fiscal para la realización de los actos de investigación puede requerir al Juez de la Investigación Preparatoria dentro de las veinticuatro (24) horas de producida la detención efectiva por la Policía Nacional, la emisión del mandato de detención judicial hasta por un máximo de siete (7) días, cuando por las circunstancias del caso, se desprenda cierta posibilidad de peligro procesal. En los delitos cometidos por organizaciones criminales la detención judicial por flagrancia puede durar hasta un plazo máximo de diez (10) días.

2. El Juez, antes del vencimiento de las cuarenta y ocho (48) horas de la detención, realiza la audiencia de carácter inaplazable con asistencia obligatoria del Fiscal, el imputado y su abogado defensor. El Fiscal dispone el traslado del imputado a la audiencia, bajo custodia de la Policía Nacional. Rigen los numerales 1, 3 y 6 del artículo 85.

3. Installed the audience and listened to the parties to the proceedings, the Judge must decide by reasoned decision on the legality of the detention of the accused pursuant to article 259, on the implementation of the rights contained in paragraph 2 of article 71 and, finally, on the need to dictate judicial detention, in view of the actions provided by the Public Ministry.

4. If at the hearing, the Judge warns that it has violated the fundamental rights of the investigated or are being detained illegally, without prejudice to what is resolved, forwards copies to the control body of the Public prosecutor's office and Inspectorate of the National Police of Peru.

5. Within the term of detention of the court, he puts the detainee at the disposal of the Judge of Preparatory Research to determine if it is issued mandate of preventive imprisonment or appearance, simple or restrictive.

6. If the Judge declares inadmissible the request of detention in court, the Prosecutor, the expiration of the term of detention in police custody, has the appropriate box.

7. This article is not applicable for the crimes of terrorism, espionage and smuggling of drugs.

* Artículo modificado por los siguientes dispositivos:

1. DL 1298, publicado el 30 de diciembre de 2016.

2. DL 1605, publicado el 21 de diciembre de 2023.

Article 267. Appeal*

1. Against the order provided for in paragraph (1) of article 261 and that decreten incommunicado detention and court in the case of flagrante delicto applicable appeal. The deadline for appeal is of a day. The appeal does not suspend the execution of the contested decision.

2. The Judge rises in the day performed at the Criminal court, which resolved after a hearing within forty-eight hours of receipt of the car. The decision is issued at the hearing, under the responsibility.

*Artículo modificado por el DL 1298, publicado el 30 de diciembre de 2016.

TITLE III: PREVENTIVE DETENTION

CHAPTER I: THE BUDGETS OF THE PREVENTIVE DETENTION

Article 268. Budgets materials*

The judge, at the request of the Public prosecutor, may issue a mandate of preventive imprisonment, if according to the first precaution possible to determine the concurrence of the following budgets:

(a) That there are well-founded and serious evidence to reasonably estimate the commission of a crime that links the accused as a perpetrator or accomplice to the same.

b) Que la sanción a imponerse sea superior a cinco años de pena privativa de libertad; y,

c) That the accused, by reason of their background and other circumstances of the particular case, allow to infer reasonably that will try to evade the action of justice (danger of leakage) or to interfere in the ascertainment of truth (danger of obstruction).

d) Not applicable to pretrial detention in cases of imminent implementation of the legitimate self-defence or a third party in accordance with law; except in the presence of background and/or supporting evidence to justify the existence of the crime or which falls on the person of the judgment of conviction.

* Artículo modificado por los siguientes dispositivos:

1. Ley 30076, publicada el 19 de agosto de 2013.

2. DL 1585, publicado el 22 de noviembre de 2023.

3. Ley 32026, publicada el 16 de mayo de 2024.

Article 268-A. electronic Surveillance staff of a preventive nature*

In the crimes for which the penalty is for not more than seven (7) years, the judge applies preferentially electronic surveillance staff as a coercive measure more burdensome. In these cases pretrial detention for revocation of the measure, or by requiring a second time a coercive measure staff, after having been previously applied electronic surveillance staff as a means of coercion.

*Articulo incorporado por el DL 1585, publicado el 22 de noviembre de 2023.

Artículo 268-B. Impedimento de la prisión preventiva

El fiscal se encuentra impedido de solicitar prisión preventiva contra el personal de la Policía Nacional del Perú en situación de actividad en cuadros que, en el ejercicio de su finalidad constitucional, hace uso de sus armas o medios de defensa en forma reglamentaria y, como consecuencia de ello, acontece alguna lesión o muerte”.(*)

(*) 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)

Article 269. Danger of leakage*

To qualify, the risk of escape, the judge will take into account:

1. The roots in the country of the defendant, as determined by the domicile, habitual residence, seat of the family and its business, and the facilities for permanently leaving the country or remain hidden;

2. The severity of the penalty that is expected as a result of the procedure;

3. The magnitude of the damage caused, and the absence of an attitude of willful imputed to repair it;

4. The behavior of the accused during the procedure or other procedure above, to the extent that indicate your desire to submit to a criminal prosecution; and

5. The membership of the defendant to a criminal organization or its reintegration into the same.

*Artículo modificado por la Ley 30076, publicada el 19 de agosto de 2013

Article 270. Danger of obstruction

To qualify the danger of hindering it will take into account the reasonable risk that the accused:

1. Destroy, alter, conceal, suppress or falsify evidence.

2. Influence to coimputados, witnesses or experts to report falsely or behave in a way that is unfair or reluctant.

3. Will induce others to perform such behaviors.

Article 271. Hearing and resolution

1. The Judge of the Preparatory Research, within forty-eight hours following the request of the Public Ministry of the hearing shall be to determine the origin of the remand prison. The hearing shall be held with the attendance is mandatory for the Prosecutor, the accused and his defender. The defender of the defendant, who do not attend will be replaced by the public defender.

2. Governed as appropriate, for the processing of the hearing provided for in article 8°, but the resolution must be pronounced at the hearing without the need for postponement of any kind. The Judge of the Preparatory Research incur liability functional if you do not make the audience within the legal time limit. The Prosecutor and the defense attorney will be disciplined if it frustrates the audience. If the accused refuses for any reason to be present at the hearing, will be represented by your attorney or the public defender, as the case may be. In this last case should be notified to the resolution that is issued within forty-eight hours following the conclusion of the hearing.

3. The remand will be especially motivated, with expression succinct of the imputation, of the foundations of law and fact that will sustain it, and the invocation of the legal citations for.

4. The Judge of the Preparatory Research, if deemed not founded the requirement of preventive imprisonment shall be selected as to appear restrictive or simple as the case may be.

CHAPTER II: THE LENGTH OF PRETRIAL DETENTION

Article 272. Duration*

1. The remand will not last more than nine (9) months.

2. In the case of complex processes, the term limit for pretrial detention does not last more than eighteen (18) months.

3. For the processes of organized crime, the term of imprisonment will not last more than thirty-six (36) months.

*Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 273. Freedom of the accused 

At the expiration of the term, without having been issued a sentence of first instance, the Judge, ex officio or at the request of the parties may, either ex the immediate release of the defendant, without prejudice to dictate concurrently the necessary measures to ensure his presence in court proceedings, including the restrictions referred to in points 2) to (4) of article 288°.

Article 274. Extension of the remand prison*

1. When the circumstances importing a special difficulty or extension of the research or of the process and that the accused may escape the action of the justice or impairing the activity of probation, the period of detention may be extended:

(a) For the common processes for up to nine (9) additional months.

(b) For complex processes up to eighteen (18) additional months.

c) For the processes of organized crime until twelve (12) additional months.

In all cases, the prosecutor must apply to the judge prior to their maturity.

2. Exceptionally, the Judge of the Research High school at the request of the Prosecutor, may adjust the term of the extension of the remand granted to the deadlines set out in the above paragraph, provided that the circumstances of particular complexity that were not noticed in the initial application. For the calculation of the adequacy of the period of extension shall be taken into account the provisions of article 275.

3. The Judge of the Preparatory Research act after conducting a hearing, within the third day of submitted the request. This will be carried out with the assistance of the Public prosecutor, the accused and his defender. Once heard, the wizards, and the view of the car, you decide in that same act, or within seventy-two hours, under the responsibility.

4. The resolution rule on the request for extension of the detention may be subject to appeal. The procedure to be followed shall be that provided in paragraph 2 of article 278.

5. Once convicted the accused, the detention may last up to half of the penalty to be imposed, when this would have been appealed.

* Artículo modificado por los siguientes dispositivos:

1. Ley 30076, publicada el 19 de agosto de 2013.

2. DL 1307, publicado el 30 de diciembre de 2016.

Article 275. Computation of the period of preventive detention

1. Not be taken into account for the computation of the periods of pretrial detention, the time at which the cause suffers delay malicious attributable to the accused or his defense.

2. The computation of the period, when it was declared the nullity of all the actions taken and provisions is made, a new remand, does not consider the time elapsed up to the date of the issuance of this resolution.

3. In the cases in which they declare the nullity of proceedings before the military jurisdiction, and ordered the knowledge of the offences imputed to the jurisdiction of ordinary criminal, the term shall be counted from the date on which the rendering of the new remand.

Article 276. Revocation of freedom 

The freedom will be revoked, immediately, if the accused does not comply with attend, without a legitimate reason, to the first citation that is made when it is considered necessary for his concurrence. The Judge will continue the procedure provided for in paragraph 2 of article 279°.

Article 277. Knowledge of the Room

The Judge shall inform the Criminal Chamber of the order of freedom, its revocation and the extension of the remand prison.

CHAPTER III: THE CHALLENGE OF PREVENTIVE DETENTION

Article 278. Appeal

1. Against the order of remand is appropriate to appeal. The deadline for the appeal is of three days. The Judge of the Preparatory Research will lift performed within twenty-four hours, under the responsibility. The appeal is granted with effect restitution.

2. The Criminal Chamber shall act after hearing of the case, that will take place, within seventy-two hours of receiving the dossier, with citation of the government Prosecutor and the defender of the defendant. The decision, which must be duly substantiated, shall be issued the day of the hearing of the cause, or within forty-eight hours, under the responsibility.

3. If the board declares the nullity of the remand, order the same or another Judge to take the appropriate decision in accordance with the provisions of article 271°.

CHAPTER IV: THE REVERSAL OF THE APPEARANCE FOR PRETRIAL DETENTION

Article 279. Change to appear for pretrial detention

1. If, during the investigation prove to be evidence of a criminal reason that the accused in a situation of appearance is described on the assumptions of article 268°, the Judge at the request of the Prosecutor, may issue remand.

2. The Judge of the Preparatory Research held a hearing to decide on the requirement Tax. The hearing shall be held with attendees that attend. The Judge will issue resolution immediately or within forty-eight hours of its conclusion.

3. Against the resolution that is issued is appropriate, and the appeal shall be granted with effect restitution.

CHAPTER V: THE SOLITARY

Article 280. Incommunicado 

The confinement of the defendant, with a term of preventive detention is appropriate if it is essential for the establishment of a felony. May not exceed ten days. Isolation does not prevent the conferences in private between the defense Attorney and the prisoner preventive, which do not require prior authorization or may be prohibited. The resolution that the orders will be issued without any red tape, will be motivated and made known to the Criminal Chamber. Against it is appropriate to appeal within the period of a day. The Criminal court shall follow the procedure provided for in article 267°.

Article 281. Rights

The cut-off will be able to read books, newspapers, magazines and listening to news of free circulation and diffusion. You will receive unimpeded food intake that is sent to you.

Article 282. Termination 

The expiry of the term of confinement designated in the resolution, shall automatically terminate.

CHAPTER VI: THE CESSATION OF PREVENTIVE DETENTION

Artículo 283. Cesación de la prisión preventiva o de la comparecencia(*)

1. 1.   EI imputado podrá solicitar la cesación de la prisión preventiva o de las comparecencias restrictivas, según sea el caso, las veces que lo considere pertinente.(*)

2. Sin perjuicio de lo anterior, el Juez de la Investigación Preparatoria, transcurridos seis meses desde el inicio de la ejecución de la prisión preventiva o de las comparecencias restrictivas, según sea el caso, o desde la última audiencia en la que se hubiera discutido la cesación de estas medidas, revisa de oficio la vigencia de los presupuestos que dieron lugar a su imposición. La revisión se realiza obligatoriamente durante todo el tiempo que dure la medida coercitiva.(*)

3. The Judge of the Research School will decide according to the procedure provided for in article 274, in what is relevant.

4. La cesación de las medidas procederá cuando nuevos elementos de convicción demuestren que no concurren o no subsisten los motivos que determinaron su imposición y resulte necesario sustituirla por la medida de comparecencia. Para la determinación de la medida sustitutiva el Juez tendrá en consideración, adicionalmente, las características personales del imputado, el tiempo transcurrido desde la privación de libertad y el estado de la causa.(*)

5. El Juez impondrá las correspondientes medidas o reglas de conductas necesarias para garantizar la presencia del imputado o para evitar que lesione la finalidad de la medida, por un tiempo que no afecte irrazonablemente sus derechos fundamentales.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 284. Challenge*

1. El imputado y el Ministerio Público pueden interponer recurso de apelación, dentro del tercer día de notificado, respecto al auto que se pronuncia sobre la solicitud de cesación de la prisión preventiva. En este supuesto, la apelación no impide la excarcelación del imputado a favor de quien se dicta auto de cesación de la prisión preventiva.

2. In case the issuance of the cessation of preventive detention in the context of the review ex officio, the Public prosecutor may lodge an appeal within three days of notification. The appeal prevents the release of the accused person to whom it is issued auto-off remand prison until the appeal is resolved.

3. Rige lo dispuesto, en lo pertinente, en los numerales 1) y 2) del artículo 278.

*Artículo modificado por el DL 1585, publicado el 22 de noviembre de 2023.

Article 285. Revocation

The cessation of detention shall be revoked if the defendant violates the rules of conduct or fails to appear at the hearing of the process without sufficient excuse or make preparations for escape or when new circumstances require it authorizes remand against you. Also, you will lose the surety, if any paid, which will go into a fund modernization of the administration of justice.

TITLE IV: THE APPEARANCE

Artículo 286. Presupuestos

1. 1.   El Juez de la Investigación Preparatoria dictará mandato de comparecencia simple si el Fiscal no solicita prisión preventiva al término del plazo previsto en el artículo 266.(*)

2. También lo hará cuando, de mediar requerimiento fiscal, no concurran los presupuestos materiales previstos en el artículo 268.(*)

En los supuestos anteriores, el Fiscal y el Juez de la Investigación Preparatoria deben motivar los fundamentos de hecho y de derecho que sustenten su decisión. El tiempo que dure la comparecencia simple no debe afectar irrazonablemente los derechos fundamentales del imputado.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Artículo 287. Comparecencia restrictiva

1. We impose the restrictions provided in section 288, provided that the risk of flight or obstruction of the investigation of the truth can reasonably be avoided.

2. El Juez podrá imponer una de las restricciones o combinar varias de ellas, según resulten adecuadas al caso y ordenará las medidas necesarias para garantizar el cumplimiento de las restricciones impuestas. Las restricciones se impondrán por los plazos previstos en el artículo 272 según corresponda, sin afectar irrazonablemente los derechos fundamentales del imputado.(*)

3. If the accused does not comply with the restrictions imposed, upon request made by the prosecutor, or by the judge in his case, it shall withdraw the measure and shall issue the mandate of pretrial detention. The procedure to be followed by the judge shall be that provided for in article 271.

4. The Judge may impose the prohibition of contact or approach the victim or those people who determine, provided that this does not affect the right of defence.

5. [Repealed]

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 287-A. Appear restrictive with electronic surveillance staff*

1. The judge may impose the measure to appear restrictive with electronic surveillance, before the extent of preventive imprisonment, if the assessment of the conditions of personal life, work, family or social, or health conditions, of the person processed; if it is guaranteed in the same grade in the normal development of the process.

2. The Judge may order the cessation of preventive detention by the appearance restrictive with electronic surveillance staff, if, even when persisting the budgets of article 268, the accused person certifying that the conditions of personal life, work, family or social, or health conditions, that allow us to conclude that this measure ensures the purpose of the process in the same grade.

3. In both cases, the Judge imposes the restrictive measures of article 288, in conjunction with the provisions governing electronic surveillance staff.

* Artículo incorporado por el DL 1514, publicado el 4 de junio de 2020.

Artículo 288. Las restricciones

The restrictions that the Judge may impose are the following:

1. The obligation to submit to the care and vigilance of a person or institution determined, who will report regularly in the periods designated.

2. La obligación de no ausentarse de la localidad en que reside, de no concurrir a determinados lugares, o de presentarse a la autoridad en los días que se le fijen. El Juez concede, en todos los casos, el permiso de desplazamiento al imputado cuando cumpla los siguientes requisitos:

a) Solicitar por escrito el permiso.

b) Especificar los motivos que justifican el desplazamiento.

c) Especificar el tiempo y el lugar o los lugares donde se va a desplazar.

El Juez, bajo responsabilidad, resuelve el pedido en un plazo no mayor de tres días hábiles, debiendo notificar dicha decisión a la comisaría más cercana del lugar a donde se desplazará el imputado.

La Policía Nacional es responsable del cuidado y vigilancia del imputado, debiendo informar al Juez competente de forma continua durante el periodo que dure el permiso de desplazamiento.(*)

3. The prohibition of contact with certain people, provided it does not affect the right of defence.

4. The provision of a deposit, economic, if the chances of the defendant, permit. The bond may be replaced by a personal surety suitable and sufficient.

5. [Repealed]

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 289. The bond

1. The surety shall consist of a sum of money that will be set out in sufficient quantity to ensure that the accused fulfils the obligations imposed and the orders of the authority.

La calidad y cantidad de la caución se determinará teniendo en cuenta el ingreso económico mensual o la condición socioeconómica, los costos de la defensa legal, la obligación alimentaria, la personalidad, antecedentes del imputado, el modo de cometer el delito y la gravedad del daño, así como las demás circunstancias que pudieren influir en el mayor o menor interés de este para ponerse fuera del alcance de la autoridad fiscal o judicial.

No podrá imponerse una caución de imposible cumplimiento para el imputado, en atención a su situación personal, a su carencia de medios y a las características del hecho atribuido.(*)

2. The bond will be personal when the person pays the amount stated in the resolution on the Bank of the Nation. If the accused lacks sufficient financial solvency will offer personal surety in writing of one or more natural or legal persons, who shall jointly and severally liable with the defendant the obligation to pay the sum that you have been set. The co-signer must have the ability to contract and proof of sufficient solvency.

3. The bond will be real when the accused constitutes tank effect to the public or listed securities or grant a real guarantee for the amount that the court determines. This guaranty shall only be admissible if the circumstances of the case arising out of the failure of the modalities of the securities previously established and that, by the economic nature of the crime attributed to him, according as the most appropriate.

4. When the accused is acquitted or dismissed, or being condemned does not violate the rules of conduct imposed, will be returned to the surety with the respective accrued interest, or in your case, it will be void the warranty heritage constituted by, and the personal surety granted.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 290. Home detention*

1. Shall be imposed home arrest when, despite correspond to pretrial detention, the accused:

(a) Is greater than 65 years of age;

(b) It suffers from a serious illness or incurable;

c) Suffers severe permanent physical disability that affects significantly its displacement capacity;

d) Is a pregnant mother.

2. In all the grounds provided for in the above paragraph, the extent of home detention is subject to the danger of leakage or obstruction can be avoided by reasonably with its imposition.

3. The home detention is to be performed in the domicile of the defendant or another for the Judge to appoint and adequate to those effects, in the custody of the police authority or an institution —public or private— or third-person designated for this purpose. In this course, the Judge may replace the custody of the police authority or an institution, or of a third person, by the extent of electronic surveillance personnel, in accordance to the law of matter and its regulation.

4. [Repealed]

5. When necessary, we will impose limits or prohibitions on the ability of the accused to communicate with different people and those who live with him or to attend to him.

6. The control of the observance of the obligations imposed corresponds to the Public prosecutor's office and the police authority. You will be able to accumulate to the home arrest, a surety bond.

7. The term of house arrest is the same as that set for pretrial detention. Governed, as appropriate, to the provisions of the articles 273 to 277.

8. If they disappear, the reasons of home detention set out in subparagraphs (b) to (d) of paragraph (1), the Judge —previous expert report— have the immediate remand of the accused person.

* Artículo modificado por los siguientes dispositivos:

1. DL 1229, publicado el 25 de setiembre de 2015.

2. DL 1514, publicado el 4 de junio de 2020.

Article 291. Appearance simple

1. The Judge dispensed with the restrictions laid down in article 288°, when the evidence reported is punishable with a penalty mild or acts of research provided does not justify it.

2. The violation of the court, in the cases in which the defendant is summoned to his statement, or to any proceeding, shall determine the order of being led out by the Police.

Article 292. Special notifications*

The mandate of appearance and other restrictions imposed shall be notified to the defendant with a summons that will be delivered to the secretary through the assistant judicial, or leave at his home by a responsible person who is in charge to deliver it, without prejudice to be reported by the post, adjuntándose cars constancy reasoned in such a situation.

The auxiliary court, in addition, shall record has been informed of the identification of the accused who reported or verification of your address, if I was absent.

* Artículo modificado por la Ley 28924, publicada el 8 de diciembre de 2006.

Artículo 292-A. Comparecencia restrictiva para el personal de la Policía Nacional del Perú

Se impondrán las restricciones previstas en el artículo 288 al personal de la Policía Nacional del Perú en situación de actividad en cuadros que, en el ejercicio de su función constitucional, hace uso de sus armas o medios de defensa en forma reglamentaria y, como consecuencia de ello, acontece alguna lesión o muerte, quedando prohibidos el fiscal y el juez de solicitar y de dictar mandato de detención preliminar judicial y prisión preventiva, respectivamente, bajo responsabilidad funcional”.(*)

(*) 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)

TITLE V: THE INPATIENT PREVENTIVE

Article 293. Budgets

1. The Judge of the Preparatory Research may order the placement preventive of the defendant to a mental health facility, after checking, by expert opinion, that he suffers a severe disruption or failure of their mental faculties, which become dangerous to himself or to

(a) The existence of evidence sufficient to sustain, reasonably, that he is the author of a punishable act or part in it and will probably be subject to a measure of security of hospitalization.

(b) The existence of a presumption enough not to be subject to the procedure or clog a concrete act of research. Governing similarly, the articles 269°, and 270°.

2. If it is established that the accused is described in the article 20, paragraph two, of the Penal Code, the Judge of the Preliminary Investigation shall inform the Court of Criminal jurisdiction to make the final decision about your inimputabilidad and hospital stay, and make it available to you.

Governed by the provisions of items 2) and 3) of article 274°. We do not require the attendance of the accused if his state of health does not allow, but it is mandatory the presence of his advocate. The Accused may be represented by a family member.

Article 294. Detention prior to observation and examination

1. The Investigating Judge High school, after receiving a communication motivated the experts, after a hearing with the assistance of the parties entitled, spurred ex officio or at the request of a party, may provide —for the purposes of the preparation of an opinion on the mental state of the accused, that the accused be brought and observed in a state psychiatric hospital.

2. To adopt this decision should take into account if there are elements of conviction reasonable for the commission of the crime, provided that relates to the importance of the issue and appropriate to expect a serious penalty or security measure of internment.

3. The internment prior can not last more than a month.

TITLE VI: THE IMPEDIMENT OF DEPARTURE

Article 295. The application of the Prosecutor

1. When during the investigation of an offence punishable with imprisonment for a term greater than three years is indispensable for the investigation of the truth, the Prosecutor may ask the Judge to issue against the defendant, order impediment out of the country or the locality where found, or of the place you set. The same request may formulate in respect of which it is considered important witness.

2. The requirement will be informed and will require the full name, and other required data of the person concerned, and shall indicate the duration of the measurement.

Article 296. Resolution and audience.*

1. The court's decision will also contain the requirements provided for in the preceding article. Governed by the provisions of items 2 and 3 of article 279.

2. The measure may not last more than four (4) months in the case of important witnesses.

3. For the case of defendants, the periods of duration are those set out in article 272.

4. The extension of the measure is only applicable in the case of defendants, in cases and under the procedure referred to in article 274. The periods of extension are those referred to in paragraph 1 of article 274.

5. In the case of important witnesses, the measure will be lifted after the statement or procedural action that determined.

6. The Judge will be resolved in accordance with the provisions of items 2 and 3 of article 279. To the provisions of appeal ruled the provisions of paragraph 2 of article 278.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

TITLE VII: THE PREVENTIVE SUSPENSION OF RIGHTS

Article 297. Requirements

1. The Judge, at the request of the Prosecutor, may dictate the actions of preventive suspension of rights provided for in this Title, when the case of offences punishable with a penalty of disqualification, be it main or accessory, or when necessary to avoid the recurrence of crime.

2. To impose these measures is required:

(a) Sufficient evidence of the commission of a crime that links the accused as a perpetrator or accomplice to the same.

(b) Real danger that the accused, in attention to the specific modalities and circumstances of the fact, or for their personal conditions, hinder the ascertainment of the truth or to commit offences of the same kind of the one that was applicable.

Article 298. Classes*

1. The measures of preventive suspension of rights that may be imposed are the following:

(a) Temporary suspension of the exercise of parental authority, guardianship or curatorship, as the case may be. This measure is necessary in all those cases where it is initiated criminal investigation by any of the offences provided for in articles 107, 108-B, 110, 121-B, 122, 122-B, 125, 148-A, 153, 153-A, 153-B, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J, 170, 171, 172, 173, 174, 175, 176, 176-A, 177, 179, 179-A, 180, 181, 181-A, 182-A, 183, 183 and 183-B of the Penal Code, or where, for any reason or cause, as to endanger the life or integrity of a child less than eighteen years.

(b) Temporary suspension in the exercise of an office, employment or commission of a public nature. This measure shall not apply to the charges that come from popular election.

c) Temporary prohibition of exercising professional activities, business or commercial.

d) Temporary suspension of the authorization to drive any type of vehicle, or to firearms.

(e) Prohibition of approaching to the offended party or his or her family and, in his case, the obligation to leave the home that compartiere with one or the temporary suspension of visits.

2. The resolution that imposes these measures will require the suspensions or prohibitions to the rights, activities or functions that apply to you.

*Artículo modificado por la Ley 30963, publicada el 18 de junio de 2019.

Article 299. Duration

1. The action will not last more than half of the expected time for the penalty of disbarment in the particular case. The periods are counted from the start of its execution. You shall not take into account the time spent in the cause suffers delay malicious attributable to the defendant or to his defense.

2. The measures taken will lose effectiveness when it has expired without having been issued a sentence of first instance. The Judge, as appropriate, after a hearing, shall issue the corresponding resolution by immediately cease use of the measures imposed, adopting provided that may be necessary for their proper execution.

Article 300. Replacement or accumulation

The breach of the restrictions imposed on the accused, authorizes the Judge to replace or build up these measures with the others provided in this Title, even with the pre-trial detention, or home detention, taking into account the entity, the reasons and circumstances of the violation.

Article 301. Concurrence with the appearance restrictive and processing 

For the imposition of these measures, which may accumulate to a summons restrictions and delivered in that same act, as well as to its substitution, accumulation and appeal governed by the provisions of items 2) and 3) of article 274°.

TITLE VIII: THE EMBARGO

Article 302. 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 303. 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 304. 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 305. 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 306. 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 307. 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 308. 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 Code of Civil Procedure.

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 the Code.

Article 309. Procedure of appeal at second instance

Appeals in respect of the resolutions referred to in articles 304°, 305°.3 and 308°.1 shall be handled, as appropriate, in accordance with article 278°.

TITLE IX: OTHER MEASURES REAL

Article 310. Order of inhibition

1. The public Prosecutor or the complainant, in your case, they may request, fulfilled the requirements set out in article 303°, that the Judge makes the order of inhibition to dispose or encumber the property of the defendant or of the third civil, that will be recorded in the Public Records.

2. Governed, as appropriate, to the provisions of the previous Title.

Article 311. Eviction preventive*

1. In the crimes of theft, the judge, at the request of the prosecutor or the aggrieved, order the eviction preventive of the property occupied at the end of twenty-four hours, ministering provisionally in the possession of the aggrieved person, provided that there are reasonable grounds for holding that the crime has been committed and that the right of the aggrieved is sufficiently credited. The eviction is executed within the term of seventy-two hours is granted.

2. The National Police, once you have knowledge of the commission of the crime, he informs the prosecutor and shall carry out the investigations that the case warrants. The prosecutor, without prejudice to arrange the corresponding shares, will be an immediate inspection of the property. The grievant will receive a certified copy of the police actions, and the diligence inspection of the prosecutor.

3. The application for eviction and ministering provisional may be submitted during the proceedings preliminary or in any state of the preparatory research. Be accompanied by the evidence proving the commission of the crime and the right of the offended.

4. The judge shall decide, without processing any, within twenty-four hours. Against the resolution passed to appropriate appeal. The lodging of an appeal suspends the execution of the contested decision.

5. The judge will lift the notebook within twenty-four hours of submission of the dispute, under the responsibility. The Room shall within three days after a hearing with notice to the parties. If it covers the application of eviction and ministering provisional possession, shall be brought to the attention of the judge for his immediate execution.

* Artículo modificado por la Ley 30076, publicada el 19 de agosto de 2013.

Article 312. Advance measures

The Judge, exceptionally, at the request of the party entitled, you can take advance measures intended to prevent the continuance of the offence or the extension of its harmful effects, as well as the run early and interim financial consequences of the crime.

Article 312-A. Kidnapping conservative*

1. With the purpose of securing the payment of the civil redress arising from the criminal offense, the Prosecutor shall, ex officio or at the request of a party, may apply to the court for the kidnapping conservative in the use of motor vehicles, of the defendant or the third party liable, which implies the dispossession physics of the well and its delivery to a custodian.

2. In the cases of the crimes of injury negligent or wrongful death, provided for in article 124 and 111 of the Criminal Code, respectively, committed with the use of motor vehicle service, public or private transportation, the Prosecutor must apply to the competent Judge to lock the precautionary measure of kidnapping conservative on the motor vehicle, unless the party entitled as previously requested.

3. The Judge, without any red tape, according to the requirement and the proceeds of which accompanied, will dictate self kidnapping conservative on the vehicle identified, appointing a custodian, not being able to fall, such a designation in the proper defendant or third party liable.

4. The resolution provides for the kidnapping conservative can be challenged within the third day of the notification. The resource comes without suspensive effect. Any order intended to prevent or delay the realization of the measure is inadmissible, without prejudice to the penalty for malicious conduct.

5. The defendant or the third party liable, be the case, you can request the variation of the measure, offering a guarantee or in the same way to ensure the payment of the civil redress.

6. If, as a consequence of the fact constitutive of the crime of injury or wrongful death, the ill-fated vehicle is damaged significantly, the Prosecutor must identify other movable property of the defendant, or the third party liable, in order to ensure proportionate and reasonable, the payment of the civil remedies, in order to proceed to its sequestration conservative.

7. Sign up for an acquittal, a writ of dismissal or resolution, equivalent, it will leave without effect the kidnapping, by its delivery to whom it may concern.

8. A firm that is a conviction, it will require immediately with the person affected, the extent of the compliance of the corresponding responsibilities, failing to start the execution of the well-kidnapped.

9. The Prosecutor, without prejudice to the application of this measure, be requested when appropriate the preventive suspension of rights, as well as the imposition of preventive measures against legal persons, as provided for in article 297 to 301 and 313 of the Code of Criminal Procedure, respectively.

10. What is not regulated in the present article, governed as appropriate the Code of Civil Procedure so extra.

* Artículo incorporado por el DL 1190, publicado el 22 de agosto de 2015.

Article 313. Preventive measures against legal persons

1. The Judge, at the request of the party entitled, you can sort with regard to legal persons:

(a) The temporary closure, partial or total, of its premises or establishments;

(b) The temporary suspension of all or any of its activities;

c) The appointment of a receiver;

d) The placing under judicial supervision;

(e) Annotation or registration of criminal prosecution.

2. To impose these measures is required:

(a) Sufficient evidence of the commission of the offence and of the linkage of the legal person in the cases provided for in article 105° of the Criminal Code;

(b) Need to put an end to the continuance or prolongation of the harmful effects of crime, real danger that through the legal person shall hinder the ascertainment of the truth, or will be committed offences of the same kind of the one that was applicable;

3. These measures will not last more than half of the time prescribed for the temporary measures provided for in article 105° of the Criminal Code. In the crimes of ecological suspension or closure will last until you remedy the harm to the environment that determined the intervention of the court.

Article 313-A. precautionary Measures in cases of liability independent administrative legal persons*

In the cases provided in the Law that regulates the administrative liability of autonomous legal persons for the offence of bribing active transnational, the judge, at the request of the party entitled, you can order, in addition to the measures laid down in paragraph 1 of article 313, the following:

to. Prohibition of future activities of the same class or nature of those with which they have committed, aided or concealed the crime.

b. Suspension from contracting with the State.

The imposition of the measures mentioned in the first paragraph is appropriate, provided that there is sufficient evidence on the administrative liability of the legal person for the offence of bribing active transnational and which is indispensable to prevent the risks of concealment of goods or insolvency occurring or to prevent the hindering of the investigation of the truth.

These precautionary measures do not last for more than half of the time fixed for the temporary measures provided for in article 5 of the Law that regulates the administrative liability of autonomous legal persons for the offence of bribing active transnational.

* Artículo incorporado por la Ley 30424, publicada el 21 de abril de 2016.

Article 314. Retirement of food

1. In the crimes of homicide, serious injury, omission of family assistance referred to in article 150° of the Penal Code, a violation of sexual freedom, or offences related to family violence, the Judge at the request of the party entitled shall be subject to a maintenance for the directly injured as a result of the punishable act perpetrated in his grievance are unable to obtain support for your needs.

2. The Judge will signal the amount of the allocation that the accused or the third civil has to pay for monthly payments advanced, which will be deducted from the set in the final judgment.

Article 315. Variation and termination. Process and resource

1. The measures provided for in this Title may be varied, or replaced, or cease when the circumstances of the case and in accordance with the principle of proportionality is essential to do so.

2. The imposition, variation or cessation will be agreed prior to transfer, for three days, to the parties. Against these decisions to the appropriate appeal. Governed, as appropriate, the provisions of items 2) and 3) of article 278°.

TITLE X: THE SEIZURE

Article 316. Object of seizures

1. The effects arising from the criminal offence or the instruments with which it has executed, and the objects of the crime permitted by Law, provided that there is danger for the delay, can be seized during the initial inquiry and in the course of the Preparatory Research, either by the Police or the Public prosecutor.

2. Thereupon, the Prosecutor will require immediately to the Judge of the Investigation Preparatory to the issuance of a resolution confirmatory, which will be issued, without any red tape, in the period of two days.

3. In any case, to enact the measure will take into account the forecasts and limitations set forth in articles 102° and 103°, of the Criminal Code.

Article 317. Judicial Intervention

1. If there is no danger for the delay, the parties shall require the Judge issuing the extent of seizure. For these effects, as well as to decide in the case referred to in the previous article, there must be a danger that the free availability of the goods related to the offence could aggravate or prolong their consequences or to facilitate the commission of other crimes.

2. Governed by paragraph 3 of article 316°.

Article 318. Seized assets*

1. The property subject to seizure shall be recorded with accuracy and appropriately individualized, establishing the security mechanisms to avoid confusion. Of the implementation of the measure must be up a report, which will be signed by the participants at the event. The office of the Attorney general shall promulgate regulations necessary to ensure the correctness and effectiveness of the due diligence, as well as to determine the place of custody, and the management rules of the seized goods.

2. Without prejudice to the foregoing, if it is a seizure of movable property shall be so taken into custody, and —if possible— will be entered in the corresponding register. If it is immovable property or of a right on those, in addition to its occupancy, shall be done in a way that such action is entered in the respective register, in which case we will urge the court order in question.

Similarly, we will proceed when it is rendered the measure of seizure of goods eligible for entry. When the seized goods are not in the name of the accused will be recorded such as cursándose the parties to the Public Record, and should the competent official to proceed in accordance with the mandate of the court.

3. The well seized, if not imperiling the purposes of assurance that justified its adoption, if the Law allows, may be:

(a) Returned to the affected exchange for the deposit of their immediate value; or,

(b) Delivered temporarily affected, under the reservation of a reversal at all times, to continue using it provisionally until the conclusion of the process.

In the first case, the amount deposited takes the place of the well; and, in the second course, the measure will require the affected party to this guaranty, warranty, real or meets certain conditions.

4. If it is alleged on the well seized a right of property of a person other than the accused or if another person has on the property of a right acquired in good faith whose extinction could be ordered in the case of the seizure or forfeiture, shall be allowed their participation in the process. In this case, the participant in the seizure will be heard, in person or in writing, and may oppose the seizure.

For the elucidation of such facts, you can order the personal appearance of the participant of the seizure. If you fail to appear without sufficient justification will apply the same constraints to the witnesses. In any case, it can be deliberate and resolve without their presentation, after a hearing with the citation of the parties.

*Artículo modificado por el DL 983, publicado el 22 de julio de 2007.

Article 319. Variation and re-examination of the seizure*

a) If you vary the budgets that resulted in the imposition of the measure of seizure, it shall be lifted immediately, at the request of the Public prosecutor or of the interested party.

(b) persons who consider themselves owners of the good faith of the property seized, and who were not involved in the crime investigated, may request the re-examination of the extent of seizure, in order that you are up and delivered the goods on your property.

c) The cars that are pronounced on the variation and the re-examination of the seizure is issued after a hearing, which was also attended by the petitioner. Against them proceeds appeal. Governed, as appropriate, the provisions of paragraph (2) of article 278, and in items 2) and 3) of article 279.

*Artículo modificado por el DL 983, publicado el 22 de julio de 2007.

Article 320. Loss of effectiveness of the seizure

1. Rendered judgment absolving self of dismissal or file of the proceedings, the seized goods will be refunded to the person entitled, except in the case of goods intrinsically criminal. The car, which will be issued without any red tape, it will run immediately.

2. The refund will not be ordered if, at the request of the parties entitled, we must ensure that —where appropriate— the payment of the liabilities financial crime and the coast.

BOOK THREE
THE COMMON PROCESS

SECTION I: THE PREPARATORY RESEARCH

TITLE I: GENERAL RULES

Artículo 321. Finalidad

1. The Preparatory Research aims to bring together the elements of conviction, charge and discharge, which enable the Prosecutor to decide whether formula or not to indictment, and, in its case, the accused to prepare his defence. Aims to determine whether the conduct concerned is criminal, circumstances or mobile perpetration, the identity of the perpetrator or participant and the victim, as well as the existence of the damage caused.

La Investigación Preparatoria se divide en dos subetapas: la investigación preliminar realizada por la Policía Nacional del Perú con la conducción jurídica del Ministerio Público y la Investigación Preparatoria formalizada dirigida por el Ministerio Público con el apoyo en la realización de diligencias de investigación de la Policía Nacional del Perú.(*)

2. The National Police of Peru and its specialized organs in criminology, the Directorate of Police Against Corruption, the Institute of Legal Medicine and other technical agencies of the State, are obliged to pay support for the Tax. The universities, colleges and private entities, to be the case, and without prejudice to the conclusion of the relevant conventions, are empowered to provide the reports and studies required by the Public Ministry. The office of the Comptroller General of the Republic, according to its powers and jurisdiction, at the request of the Holder of the Public prosecutor, shall be able to provide the corresponding support, in the framework of the policy control.

3. The Prosecutor, by means of a Provision, and in accordance with the directives issued by the office of the Prosecutor of the Nation, you can count on the expert advice of public and private entities to form an interdisciplinary team of scientific research to specific cases, the same who shall act under his direction.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 322. Direction of the research

1. El Fiscal conduce jurídicamente la Investigación Preparatoria. La Policía Nacional del Perú, en cumplimiento de su finalidad constitucional, practica la investigación material del delito en la etapa preliminar por propia iniciativa o a solicitud de parte, siempre que no requiera autorización judicial ni tenga contenido jurisdiccional, conducente al esclarecimiento de los hechos. Una vez formalizada la Investigación Preparatoria, el Ministerio Público podrá requerir a la Policía Nacional del Perú para que, con su apoyo, actúe investigaciones complementarias. En cuanto a la actuación policial rige lo dispuesto en el artículo 65.(*)

2. For the practice of acts of investigation may require the collaboration of the authorities and public officials, who will in the scope of their respective powers and shall comply with the requirements or orders of reports made under the Law.

3. The Prosecutor, in addition, may provide for reasonable measures necessary to protect and insulate evidence materials in the places where they investigate a crime, in order to prevent the disappearance or destruction of the same.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 323. Role of the Judge of the Preparatory Research

1. Corresponds, in this stage, the Judge of the Preparatory Research to perform, at the request of the Prosecutor or at the request of the other parties, the procedural acts which are expressly authorized in this Code.

2. The Judge of the Preparatory Research, specifically, is empowered to: (a) authorize the constitution of the parties; (b) decide on the measures restrictive of rights that require a court order and —when appropriate— protection measures; c) resolve exceptions, previous questions and referred for a preliminary ruling; d) to perform the acts of test early; and, (e) control the observance of the time limit under the conditions laid down in this code.

Article 324. Secrecy of the investigation*

1. La investigación tiene carácter reservado. Sólo pueden enterarse de su contenido las partes de manera directa o a través de sus abogados debidamente acreditados en autos. De las diligencias dispuestas por el Ministerio Público o derivadas de mandato judicial, toman conocimiento según corresponda, cuando están en curso o al término de las mismas. En cualquier momento pueden obtener copia simple de las actuaciones.

2. El Fiscal puede ordenar que alguna actuación o documento se mantenga en secreto por un tiempo no mayor de veinte días, prorrogables por el Juez de la Investigación Preparatoria por un plazo no mayor de veinte días, cuando su conocimiento pueda dificultar el éxito de la investigación. La Disposición del Fiscal que declara el secreto se notificará a las partes.

3. Las copias que se obtengan son para uso de la defensa. El Abogado que las reciba está obligado a mantener la reserva de Ley, bajo responsabilidad disciplinaria. Si reincidiera se notificará al patrocinado para que lo sustituya en el término de dos días de notificado. Si no lo hiciera, se nombrará uno de oficio.

* Artículo modificado por el DL 1605, publicado el 21 de diciembre de 2023.

Article 325. Character of the proceedings of the research

Proceedings of the research only serve to issue resolutions own research and of the intermediate stage. For the purposes of the sentence have the character of the act test the test directives received pursuant to articles 242°, and following, and the performances objective and irreproducible which is read at the oral proceedings authorized in this Code.

TITLE II: THE COMPLAINT AND THE INITIAL ACTS OF THE RESEARCH

CHAPTER I: THE COMPLAINT

Article 326. Right and obligation to report

1. Any person has the right to report the incident ignorance of so many criminal before the appropriate authority, provided that the exercise of the criminal action for pursuing public.

2. However, the foregoing shall make a complaint:

(a) Those who are required to do so by express mandate of the Law. In particular, what are the health professionals for the crimes that they learn about in the performance of their activity, as well as the educators of the crimes that have taken place in the education centre.

(b) Officials in the exercise of his duties, or by reason of the position, to take knowledge of the performance of a punishable act.

Article 327. Not required to report

1. No one is obligated to file a complaint against your spouse and relatives within the fourth degree of consanguinity or second of affinity.

2. There is also this obligation when the knowledge of the facts is covered by the obligation of professional secrecy.

Article 328. Form and content of the complaint

1. Any complaint should contain the identity of the complainant, a detailed description and accurate information on the facts, and —if possible— the identification of the alleged perpetrator.

2. The complaint may be filed by any means. If it is in writing, the complainant shall sign and affix his digital printing. If it is verbal will sit the respective record.

3. In both cases, if the complainant is unable to sign shall be limited to place your digital printing, allowing herself to be recorded in the minutes of the impediment.

CHAPTER II: INITIAL ACTS OF THE RESEARCH

Article 329. Ways to start research

1. La Policía Nacional del Perú inicia los actos de investigación comunicando de forma inmediata al Fiscal cuando tenga conocimiento de la sospecha de la comisión de un hecho que reviste los caracteres de delito por denuncia de los agraviados o mediante disposición fiscal.(*)

2. The start of the trade when it comes to his knowledge of the commission of a crime of persecution public.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Artículo 330. Investigación preliminar(*)

1. La investigación preliminar del delito está a cargo de la Policía Nacional del Perú con la conducción jurídica del Fiscal.(*)

2. La investigación preliminar tiene por finalidad inmediata realizar los actos urgentes o inaplazables destinados a determinar si han tenido lugar los hechos objeto de conocimiento y su delictuosidad, así como asegurar los elementos materiales de su comisión, individualizar a las personas involucradas en los hechos, incluyendo a los agraviados, y, dentro de los límites de la Ley, asegurarlas debidamente; y como finalidad mediata investigar los hechos identificando, ubicando, capturando o citando a los presuntos autores y demás partícipes del hecho delictivo, a efectos de ponerlos a disposición del Fiscal con el informe policial respectivo para que este decida sobre la formalización de la Investigación Preparatoria.(*)

3. El Fiscal o la Policía, al tener conocimiento de un delito de ejercicio público de la acción penal, podrá constituirse inmediatamente en el lugar de los hechos con personal policial y medios especializados necesarios y efectuar un examen con la finalidad de establecer la realidad de los hechos y, en su caso, impedir que el delito produzca consecuencias ulteriores y que se altere la escena del delito.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Artículo 331. Actuación Policial

1. Tan pronto la Policía tenga noticia de la comisión de un delito, comunica de forma inmediata al Ministerio Público por la vía más rápida y también por escrito, indicando los elementos esenciales del hecho y demás elementos inicialmente recogidos, así como la actividad cumplida, sin perjuicio de dar cuenta de toda la documentación que pudiera existir. Al término de la investigación preliminar, se pone a disposición del Fiscal todo lo actuado, mediante el informe policial respectivo.(*)

2. Aun después de comunicada la noticia del delito, la Policía continuará las investigaciones que haya iniciado y después de la intervención del Fiscal practicará las demás investigaciones que les sean delegadas con arreglo al artículo 68. Para optimizar la labor de investigación del delito, la Policía puede solicitar y luego de la anuencia del Fiscal, coordinar la programación de actos de investigación adicionales que pueden ser incorporados a la disposición fiscal.

3. The citations in the course of the investigations made by the police to the people can be made up to three times.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Artículo 332. Informe policial

1. La Policía en todos los casos en que intervenga elevará al Fiscal un informe policial de la investigación preliminar, dentro del plazo otorgado por el representante del Ministerio Público, bajo responsabilidad funcional.(*)

2. El informe policial remitido al titular de la acción penal es de carácter no vinculante. Contiene los antecedentes que motivaron su intervención, la relación de las diligencias efectuadas, las precalificaciones de los delitos presuntamente cometidos, así como los grados de presunta autoría y participación, el análisis de los hechos investigados y las conclusiones respectivas que justifiquen continuar o no con la Investigación Preparatoria.(*)

3. El informe policial adjunta, de ser el caso, la denuncia o antecedentes que motivaron la intervención, las diligencias efectuadas, las actas levantadas, las declaraciones recibidas, las pericias realizadas, los elementos materiales incautados y/o decomisados producto de la investigación realizada, la comprobación del domicilio y los datos personales de los imputados, y otros que la labor de investigación requiera.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 333. Coordination lnterinstitucional of the National Police with the Public prosecutor's office

Without prejudice to the police organization established by the Law and to the provisions of article 69, the National Police will establish a specialized body responsible for coordinating the functions of research of the institution with the Public Ministry, to establish the mechanisms of communication with the government bodies of the Public prosecutor and the public Prosecutor's offices, to centralize the information about the crime-violent and organized, provide expertise in the development of the programs and actions for the proper prosecution of the offense, and develop programs of protection and security.

TITLE III: THE PREPARATORY RESEARCH

Article 334. Rating*

1. If the prosecutor is to qualify the complaint or after you have performed or is willing to perform errands preliminary, considered that the fact that the defendant is not a crime, it is not justiciable criminally liable or is present causes of extinction specified in the law, shall declare that it is not appropriate to formalize and continue with the preparatory research, as well as to sort the file so acted. This provision notifies the complainant, the aggrieved and the respondent.

2. The term of the proceedings, pre-trial, in accordance with article 3, is sixty days, barring the detention of a person. However, this, the attorney will be able to set a different period according to the characteristics, complexity and circumstances of the facts that are the subject of research. Anyone who considers affected by an excessive duration of the proceedings, pre-trial, ask the attorney to give term and made available as appropriate. If the prosecutor does not agree to the request of the affected party or sets a time limit unreasonable, this last can be referred to the judge of the preparatory research in the period of five days urging his pronouncement. The judge will resolve prior hearing, with the participation of the prosecutor and the applicant.

3. In case of that the fact that they were delinquent and criminal action has not prescribed, but will lack the identification of the perpetrator or participant, shall order the intervention of the police for this purpose.

4. When it appears that the complainant has omitted a condition of the procedure depends on it, you will have the provisional booking of the investigation, notifying the complainant.

5. The complainant or the aggrieved that he was not in accordance with the provision of archiving performances or to book provisionally research, will require the prosecutor, within five days, elevate the proceedings to the prosecutor higher.

6. The government prosecutor shall act within the fifth day. You can order formalizing the research, archived proceedings or proceed as appropriate.

* Artículo modificado por la Ley 30076, publicada el 19 de agosto de 2013.

Article 335. Prohibition of new complaint

1. The Layout file provided in the first and last paragraph of the preceding article, prevents any other Attorney can promote or ordering the lower hierarchical promotes a Preparatory Research for the same facts.

2. The exception to this rule, if we provide new elements of conviction, in which case you should re-examine the actuated the Fiscal prevented. In the event that it is demonstrated that the previous reports was not properly investigated, the Prosecutor Upper that prevented shall designate another Provincial Prosecutor.

Article 336. Formalization and continuation of the Preparatory Research

1. If the complaint, the Police Report or the Proceedings, a Preliminary that you have made, appear revealing indications of the existence of a crime, the criminal action has not prescribed, which has been individualized to the defendant, and that, if it were the case, you have satisfied the requirements of the procedure, you will have the formalization and the continuation of the Preparatory Research.

2. The Provision of formalization will contain:

(a) The full name of the accused;

(b) The facts and typing specific. The Prosecutor may, if necessary, provide typings alternatives to the fact the object of research, detailing the reasons for that rating;

c) The name of the aggrieved person, if possible; and,

d) The errands that immediately need to be dramatized.

3. The Prosecutor, without prejudice to its notice to the defendant, directs the communication referred to in article 3 of this Code, attaching a copy of the Disposition of formalization, the Judge of the Preparatory Research.

4. If the Prosecutor considers that the due diligence performed to preliminarily establish enough of the reality of the crime and the involvement of the accused in the commission, may make direct accusation.

Artículo 337. Diligencias de la Investigación Preparatoria

1. El Fiscal dispone que la Policía realice las diligencias de investigación que considere pertinentes y útiles, dentro de los límites de la Ley.(*)

2. La investigación preliminar es una subetapa de la Investigación Preparatoria. No podrán repetirse una vez formalizada la investigación. Procede su ampliación si dicha diligencia resultare indispensable, siempre que se advierta un grave defecto en su actuación o que ineludiblemente deba completarse como consecuencia de la incorporación de nuevos elementos de convicción.(*)

3. The Prosecutor may:

(a) To have the concurrence of the accused, of the wronged and the other people who are in the possibility to report on circumstances, useful for the purposes of the research. These people and experts are required to appear before the Prosecutor's office, and speak about the facts that are the subject of research or give an opinion. Your unexcused absence will determine your driving, compulsive;

(b) Request information of any individual or public officer, emplazándoles according to the circumstances of the case.

4. During the investigation, both the accused persons as to other persons involved may request the Prosecutor to all those errands that deemed relevant and useful for the clarification of the facts. The Prosecutor will order that takes effect those that it considers conducive.

5. If the Prosecutor refuses the application, it will urge the Judge of the Preparatory Research in order to obtain a judicial pronouncement about the origin of the diligence. The Judge will resolve immediately with the merit of the actuated that will give you the part and, in your case, the Prosecutor.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 338. Conditions of the investigation proceedings

1. The Prosecutor may allow the attendance of the parties to the proceedings in the proceedings must be made, subject to the exceptions provided by the Law. This participation is conditioned on your utility for the clarification of the facts, that it will not cause prejudice to the success of the research, or that does not prevent a prompt and regular performance.

2. The Prosecutor shall ensure that the concurrence of the authorized persons do not interfere with the normal development of the act and will give binding instructions to the assistants to properly conduct due diligence. Is entitled to exclude at any time if you violate the order, and discipline.

3. The Prosecutor, in the exercise of their functions of investigation, you may request the intervention of the Police and, if necessary, the use of public force, ordering all that is necessary for the safe and orderly fulfillment of the actions undertaken.

4. When the Prosecutor, subject to the exceptions provided in the Act, is to require judicial intervention for the practice of certain proceedings, the performance of early test, or the imposition of coercive measures, shall be required to formalize the investigation, unless I have made previously.

Article 339. Effects of the formalization of the investigation*

1. The formalization of the investigation suspends the running of the limitation period of a criminal action in accordance with the provisions of article 84 of the Criminal Code.

2. The Prosecutor also lose the ability to archive the research without judicial intervention.

* Artículo modificado por la Ley 31751, publicada el 25 de mayo de 2023.

TITLE IV: SPECIAL ACTS OF RESEARCH

Article 340. Circulation and controlled delivery of real criminal*

1. The public Prosecutor may authorize the circulation or controlled delivery of property crime. This measure has to be agreed by means of a Provision, which determined explicitly, as far as possible, the authorization object or controlled delivery, as well as the characteristics of the good criminal in question. To embrace it will take into account your need for the purposes of research in relation to the importance of the crime and with the possibilities of surveillance. The Prosecutor who issued the authorization shall send a copy of the same to the office of the Prosecutor of the Nation, which will open a register reserved for such authorizations.

2. It will be understood by circulation or controlled delivery technique consisting allow remittances illicit or suspicious of property crime to circulate through the national territory, or to leave or enter it without interference from the authority or its agents and under their supervision, in order to discover or identify the people involved in the commission of any crime, as well as provide assistance to foreign authorities in those same purposes. The use of controlled delivery will be made on a case-by-case, and, at the international level, should be tailored to the provisions of International Treaties.

3. The interception and opening of postal shipments suspected of containing goods that are criminal and, in his case, the subsequent replacement of the goods, a criminal that had in its interior shall be carried out subject to the provisions of article 226° and following. The diligence and pre-opening of mailing will be kept secret until they have finished the Proceedings, a Preliminary; and, in his case, is extended with the consent of the Judge of the Preparatory Research, for up to fifteen days after completed the Preparatory Research.

4. The real criminal is the object of this technique special are: (a) toxic drugs, narcotic drugs or psychotropic substances, as well as other prohibited substances; (b) the raw materials or supplies intended for the production of those; c) property, money, securities, effects and gains referred to in Legislative Decree 1106; d) the property-related offences, customs; (e) goods, materials, objects, and species to which was referred to in articles 228, 230, 308, 309, 252 to 255, 257, 279 and 279-A of the Penal Code.

* Article amended by the Law 30077published on August 20, 2013 (link: bit.ly/3rMY3xv).

Article 341. Undercover agent, Special Agent, Agent, Developer, Virtual Agent and informant or confident*

1. La Policía Nacional del Perú cuando la aplicación de las técnicas convencionales de investigación no sean satisfactorias, con autorización del Ministerio Público mediante disposición, puede recurrir a las técnicas especiales de investigación, que resulten idóneas, necesarias e indispensables para el esclarecimiento de los hechos materia de investigación perpetrados por banda u organización criminal según la Ley Nº 30077 y los delitos de trata de personas, así como contra la administración pública previstos en los artículos 382 al 401 del Código Penal, conforme con el siguiente detalle:

1.1. Undercover agent: Executed by a member of the National Police of Peru in a situation of activity belonging to the specialized unit responsible, to gather the conditions necessary to establish contact, or infiltrate a gang or criminal organization.

1.2. Special agent: Made-by-element captured because of the role, knowledge of, or linking to illegal activities, in order to establish contact, or to be inserted in the activity of band or a criminal organisation, providing information, or incriminating evidence of those; under the direct monitoring of the police authority.

1.3. Agent Developer: Made by any citizen, or on a per-server or public officer, who, as a member or a member of a gang or criminal organization, act providing information or incriminating evidence of those; under the direct monitoring of the police authority.

1.4. Agente virtual: Realizado por personas debidamente entrenadas en materias de tecnología de la información y las comunicaciones, así como, los conocimientos y habilidades correspondientes con la finalidad de asumir un rol o condición a efecto del esclarecimiento de delitos en el ámbito virtual; bajo el monitoreo directo de la autoridad policial.

When in these cases, the investigation proceedings may affect fundamental rights, they must apply to the Judge of the Preparatory Research authorizations that, about, set by the Constitution and Law, as well as meet any other legal provisions applicable. The procedure is especially reserved for you.

Los agentes encubierto, especial, revelador y virtual, están exentos de responsabilidad penal por aquellas actuaciones que sean consecuencia necesaria del desarrollo de la investigación, siempre que guarden la debida proporcionalidad con la finalidad de la misma y no constituyan una manifiesta provocación al delito.

By Supreme Decree regulates the procedure of registration, choice and management of confidential and risk-controlled agents, including the requirements and personal qualifications to be met by those, activities, traffic, legal or social, goals, forecasts, technical and legal constraints, limits, obstacles, time limits, protection systems, and benefits as appropriate.

La Policía Nacional del Perú está facultada a utilizar la técnica de investigación de Informante o Confidente, en nivel de riesgo controlado para su aplicación, empleo, límites, control de reportes, responsabilidad y otros aspectos relacionados con la administración de actividades en la provisión de datos con relevancia penal. El Informante o confidente, es la persona que proporciona bajo cualquier motivación, la información confidencial sobre la comisión de delitos cometidos por banda u organización criminal. El registro de informantes o confidentes a efectos de ser beneficiados con pago pecuniario con recursos especiales de inteligencia y los respectivos procedimientos, se establece mediante Decreto Supremo.

* Artículo modificado por los siguientes dispositivos:

1. Ley 28950, publicada el 16 de enero de 2007.

2. Ley 30077, publicada el 20 de agosto de 2013.

3. DL 1307, publicado el 30 de diciembre de 2016.

4. DL 1611, publicado el 21 de diciembre de 2023.

Article 341-A. covert Operations*

1. When in the Proceedings, a Preliminary attempt to identify natural and legal persons, as well as goods and activities of organized crime, trafficking in persons and offences against the public administration provided for in articles 382 401 of the Penal Code, in both there is evidence of its commission, the Public Ministry may authorize the National Police of Peru to perform covert operations without the knowledge of the investigated, such as the legal protection of legal persons, goods in general, including titles, rights and other intangible nature, among other procedures. The Prosecutor will be able to create, strictly for the purposes of the research, legal persons, fictitious, or modify existing, as well as authorise the participation of natural persons covert, who will be able to participate in the processes of selection, recruitment, acquisition, or any operation carried out with or for the State.

2. The authorization will be entered in a special register under the legal parameters established for the undercover agent. For security reasons, the proceedings shall not form part of the record of the respective process, but that will be a binder, a secret that only you will have access to the judges and prosecutors competent.

3. Run the provisions of paragraph 1, will be required to the Criminal Judge competent confirmatory of what has happened. This resolution is subject to appeal.

* Artículo incorporado por la Ley 30077, publicada el 20 de agosto de 2013, y luego modificado por el DL 1307, publicado el 30 de diciembre de 2016.

TITLE V: CONCLUSION OF THE PREPARATORY RESEARCH

Article 342. Term*

1. The term of the Preparatory Research is one hundred and twenty calendar days. Only for justified reasons, dictating the corresponding Provision, the Tax extension may be granted only once to a maximum of sixty days.

2. In the case of complex investigations, the period of Preparatory Research is of eight months. For the case of investigation of crimes committed by alleged members of criminal organizations, people linked to it, or acting on behalf of the same, the period of preparatory research is thirty-six months. The extension by the same term should be made the Judge of the Preparatory Research.

3. Corresponds to the Fiscal issue of the provision which declares complex process when: (a) requires the performance of a significant amount of investigative actions; (b) to understand the investigation of many crimes; c) involves a significant amount of imputed or aggrieved; d) demand assessments that involve the review of a large documentation or complicated technical analysis; (e) you need to make efforts procedural out of the country; f) it involves carrying out errands in several judicial districts; g) reviews the management of legal persons or entities of the State; or h) to understand the investigation of crimes committed by members of a criminal organization, people linked to it, or acting on behalf of the same.

* Artículo modificado por la Ley 30077, publicada el 20 de agosto de 2013.

Article 343. Control Period

1. The Attorney will complete the Preparatory Research, when it considers that it has fulfilled its object, even when that person has not expired.

2. If the expiry time limits provided for in the preceding article, the Prosecutor does not give for the conclusion of the Preparatory Research, the parties may apply to your conclusion to the Judge of the Preparatory Research. For these purposes, the Judge quoted the Prosecutor and other parties to a hearing control of the period, who, after reviewing the proceedings and hearing the parties, shall issue the appropriate decision.

3. If the Judge orders the conclusion of the Preparatory Research, the Prosecutor within ten days must decide requesting the dismissal or by making an accusation, as appropriate. Your failure to comply entails disciplinary liability in the Fiscal.

SECTION II: THE INTERMEDIATE STAGE

TITLE I: THE DISMISSAL

Article 344. Decision of the Public Ministry*

1. Willing the conclusion of the Preparatory Research, in accordance with paragraph (1) of article 343, the Prosecutor shall decide within fifteen days if it makes charge, provided that there is sufficient basis to do so, or if it requires the dismissal of the case. In complex cases and organized crime, the Prosecutor decides within the period of thirty (30) days, under the responsibility.

2. The dismissal is appropriate when:

(a) The fact that the subject of the cause was not performed or not can be attributed to the accused;

(b) The fact that accused is not typical or go to a justification, of inculpabilidad or not criminality;

c) The criminal action is extinguished; and,

d) There is a reasonable possibility of adding new data to the research and there has been no evidence sufficient to apply well-founded hopes for the prosecution of the accused.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 345. Control of the requirement of a dismissal Hearing and control of dismissal*

1. The Prosecutor sent the Judge of the Investigation Preparatory to the requirement of proceedings, together with the record tax. The Judge shall be served in the order of the request to all other parties to the proceedings, for the term of ten (10) days.

2. The parties to the proceedings may lodge an objection to the application file within the deadline. The opposition, under penalty of inadmissibility, shall be informed and be able to solicit the performance of acts of additional research, indicating its object and the means of inquiry as it may consider appropriate.

3. The expiration of the term of the transfer, the court will cite to the Public Ministry and the other parties to the proceedings for a preliminary hearing to discuss the basics of the requirement of a dismissal. The audience is urgent, governed by the provisions of paragraph 1 of article 85, shall be installed with the audience, who will listen to in order to discuss the basics of the requirement tax. The resolution will be issued within three (3) days.

4. Between the requirement of a dismissal and the audience that resolves the relevant can't be more than thirty (30) days. In complex cases and organized crime may not exceed sixty (60) days, under the responsibility.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 346. Ruling of the Judge of the Preparatory Research*

1. The Judge shall, within fifteen (15) days. For complex cases and organized crime, the pronouncement shall not exceed thirty (30) days. If you believe founded the requirement attorney, shall issue writ of dismissal. If you do not consider it appropriate to issue a self-elevating the proceedings to the Prosecutor Superior to ratify or to rectify the request of the Provincial Prosecutor. The decision of the court must state the reasons on which he founded his disagreement.

2. The government Prosecutor shall, within ten (10) days. With your decision culminated the process.

3. If the Prosecutor Upper ratifies the requirement of a dismissal, the Judge of the Preparatory Research to immediately and without any red tape will issue writ of dismissal.

4. If the Attorney above is not in accordance with the requirement of the Provincial Prosecutor, to order another Prosecutor made an accusation.

5. The Judge of the Preparatory Research, in the course of the paragraph 2 of the preceding article, if deemed admissible and well founded, it shall have the conduct of an Investigation Supplementary stating the term and the prosecution, the Prosecutor must make. Complied with the procedure, do not proceed opposition or provide for the grant of a new period of research.

* Article amended by the DL 1307published December 30, 2016 (link: bit.ly/444FAtX).

Article 347. Auto-dismissal

1. The car available to the dismissal of the case shall state:

(a) The personal data of the accused;

(b) The exposure of the fact the object of the Research School;

c) The foundations of law and fact; and,

d) The operative part, with the express indication of the effects of the dismissal that apply to you.

2. The dismissal is final. Imports the file of the final cause in relation to the accused person in whose favour it is made, and has the authority of res judicata. In this resolution shall rise coercive measures, personal and real, which have been issued against the person or property of the defendant.

3. Against the order of dismissal is appropriate to appeal. The objection does not prevent the immediate release of the accused person who is favored.

Article 348. Stay full and partial

1. The dismissal will be complete when it includes all the crimes and all the defendants; and partial, when only one is confined to a crime or any imputed, of the several that are the subject matter of the Provision of Formalization of the Preparatory Research.

2. If the case is partial, will continue the case in respect of other offences or accused who do not understand.

3. The Judge, in front of a requirement Attorney mixed, accusatory and non-accusatory, first decide on the requirement of a dismissal. The completion of the procedure according to the provisions of the preceding articles, it will open the proceedings relating to the prosecution attorney.

TITLE II: THE ACCUSATION

Article 349. Content*

1. The prosecution prosecutor shall be duly motivated and shall contain:

(a) The data that serve to identify the accused, in accordance with the provisions of paragraph 1 of article 88;

(b) The clear and precise relationship of the fact that is attributed to the accused, with their circumstances preceding, concomitant and subsequent. In case of contain multiple independent events, the separation and detail of each one of them;

c) The elements of conviction in support of the requirement accusatory;

d) Participation, which is attributed to the accused;

(e) The relationship of the circumstances, as amended, of the criminal responsibility are met;

f) The article of the criminal Law that criminalizes the fact, the amount of the penalty is requested and the consequences accessory;

g) The amount of the civil remedies, the goods are seized or confiscated by the defendant, or third civil, that will guarantee your payment, and the person to whom it corresponds to perceive it; and,

h) The means test provides for her performance in the audience. In this case you will the list of witnesses and experts, with indication of the name and address, and the items on which they will shuffle their statements or exhibitions. Also, it will make a review of other means of proof that you offer.

2. The prosecution may only relate to facts and persons, including in the Provision of formalization of the Preparatory Research, although it has paid a different legal qualification.

3. In the indictment, the Public prosecutor may bring, the alternative or in addition, the factual circumstances that allow to qualify the conduct of the defendant in a criminal offence other than, in the case of not prove to be demonstrated in the discussion of the elements that make up its legal qualification main, in order to enable the defence of the accused.

4. The Prosecutor shall indicate in the prosecution of the measures of coercion surviving issued during the Preparatory Research; and, in your case, you can request your variation or dictate other as appropriate.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 350. Notification of the indictment and objections of the other parties to the proceedings

1. The charge shall be notified to the other parties to the proceedings. Within ten days they will be able to:

(a) Observe the indictment of the Prosecutor for formal defects, requiring correction;

(b) Deduct exceptions and other means of defense, they have not been raised before or merge into any new facts;

c) Request the imposition or revocation of a coercive measure or action early test pursuant to articles 242°, and 243°, as appropriate;

d) Ask for the dismissal;

(e) To urge the application, if that were the case, a criterion of opportunity;

f) To provide evidence for the trial, along with the list of witnesses and experts shall be invited to the debate, with indication of the name, profession and address, stating the facts on which will be examined in the course of the debate. Submit the documents which were not built before, or point out the place where it is found that should be required;

g) Object to the repair or civil claim their increase or extension, for which you will be offered the means of proof relevant to their performance in the trial; or,

h) Raise any other issue that tends to better prepare for the trial.

2. The other parties to the proceedings may propose the facts and accept that the Judge will be accredited, ignoring its performance as evidence in the Trial. Also, they will be able to propose agreements about the evidence that will be required for certain acts are deemed proven. The Judge, however, stating the reasons which justify it, you can opt out of these arrangements; otherwise, if not founded, especially the reasons for their rejection, and shall be of no effect the decision to dismiss.

Article 351. Preliminary Hearing*

1. Presented in the briefs and requirements of the parties to the proceedings or upon expiry of the period laid down in the preceding article, the Judge of the Preparatory Research will point to the date and time for the realization of a preliminary hearing, which shall be within a period of not less than five (5) days nor more than twenty (20) days. For the installation of the hearing is mandatory presence of the Prosecutor and the defense attorney of the accused. May not be exercised diligence of research or specific tests, unless the processing of the advance test and the presentation of documentary evidence, to decide any of the applications listed in the above article.

2. The audience is urgent, governed by the provisions of paragraph 1 of article 85, shall be directed by the Judge of the Preparatory Research, and during its carrying out, except as provided in this paragraph, do not accept the submission of briefs.

3. Installed the hearing, the Judge will grant the word for a short time, and by his order the Prosecutor to the defence of the actor civil, as well as of the defendant and the third party liable, the debate about the origin or the admissibility of each of the issues raised and the relevance of the evidence offered. The Prosecutor may, in the same hearing, presenting the respective writing, modify, clarify, or integrate the accusation that there is substantial; and the Judge, in this act shall be served on the other parties to the proceedings concurrent to his acquittal immediately.

4. If the hearing is suspended, the next session should be held within not more than eight (8) business days. Between the requirement accusatory and the issuance of the auto that resolves it can't be more than forty (40) days. In complex cases and organized crime may not exceed ninety (90) days, under the responsibility.

* Article amended by the DL 1307published December 30, 2016 (link: bit.ly/444FAtX).

Article 352. Decisions taken at the preliminary hearing

1. After the hearing, the Judge will resolve immediately, all issues, except for the lateness of the hour, or the complexity of the issues, to defer the solution for up to forty-eight hours non-extendable. In this latter case, the decision simply notify the parties.

2. If the defects of the indictment require a new analysis of the Public prosecutor, the Judge shall provide for the return of the indictment and will suspend the hearing for five days to correct the defect, after which it will resume. In other cases, the Prosecutor, at the same hearing, you will be able to make the modifications, clarifications, or repair that corresponds, with the intervention of the attendants. If there are comments, will be amended, clarified or reorganized the opinion accusatory in the terms set out by the Prosecutor, otherwise it will resolve the Judge by judgment not subject to appeal.

3. If any exception or means of defence, the Judge shall issue in the same hearing, the appropriate resolution. Against the resolution passed, it is appropriate to appeal. The objection does not prevent the continuation of the procedure.

4. The dismissal may be made ex officio or at the request of the accused or his defense when there are requirements set forth in paragraph (2) of article 344°, provided that they are clear and there is a reasonable possibility of incorporating in the oral hearing new evidence. The car of a dismissal notice to the provisions of article 347°. The resolution desestimatoria is not appealable.

5. The admission of the evidence offered requires:

(a) That the petition contains the specification of the likely contribution to get to the best knowledge of the case; and

(b) The act of evidence proposed to be relevant, conducive and helpful. In this case you will have everything you need for the test medium is acting in a timely manner in the Trial. The order of performance of a testimonial or the practice of an expert's report shall specify the point that will be the subject of interrogation or problem that requires explanation specialized, as well as the address of the same. The resolution is issued, it is not actionable.

6. The resolution on the conventions of evidence, pursuant to the provisions of paragraph (2) of article 350°, is not actionable. In the car prosecution shall state the specific facts that differ by accredited or evidence necessary to consider them tested.

7. The decision on the performance of early test is not actionable. If you have your performance, this will take place in act apart in accordance with the provisions of article 245°, without prejudice to the issuing of the car of prosecution. You can direct it to a Judge if it comes to Criminal Court Referee.

TITLE III: THE CAR OF PROSECUTION

Article 353. Content of the self prosecution

1. Resueltas las cuestiones planteadas, el Juez dictará el auto de enjuiciamiento. Dicha resolución es recurrible si no se encuentra debidamente formulada la imputación necesaria, identificando los hechos y los elementos probatorios que tienden a acreditarla o las observaciones asumidas en la etapa intermedia.(*)

2. 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 parts incorporated in the cause.

(e) The order of referral of the actuated to the Judge in charge of the trial.

3. The Judge, if necessary, ex officio or at the request of a party made pursuant to the provisions of paragraph 1 (c) of article 350°, pronounce upon the source, or the subsistence of the measures of coercion, or its replacement, available in your case the liberty of the accused.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 354. Service of the order of prosecution*

1. The car of prosecution shall be notified to the Public prosecutor's office and the other parties to the proceedings, shall be as valid the last address pointed to by the parties at the preliminary hearing, using for this purpose the most célere.

2. Within forty-eight (48) hours of the notification, the Judge of the Preparatory Research will get the Judge's Criminal that matches the resolution and the actuated corresponding, as well as the documents and the objects seized, and put your order to the prisoners on remand.

*Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

TITLE IV: THE WRIT OF SUMMONS TO JUDGMENT

Article 355. Writ of summons to judgment*

1. Received performances by the Criminal Court of competent jurisdiction, it will dictate the self-citation to trial with an indication of the seat of judgment and the date of the completion of the trial, except that all the defendants were absent. The date will be as close as possible, with an interval of not less than ten (10) days.

2. The Criminal Court will order the site of all that must go to the trial. The resolution to identify who you have as the defender of the defendant, and shall provide everything necessary for the normal onset of the trial.

3. Witnesses and experts shall be provided directly to the session that corresponds to them to intervene.

4. The arraignment, the defendant will be under threat of declare reo stubborn in case of inconcurrencia unjustified.

5. It shall be the duty of the Public prosecutor and of the other parties to the proceedings to assist in the location and appearance of witnesses or experts that have been proposed.

6. The audience of installation of judgment is urgent, governed by paragraph 1 of article 85.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

SECCIÓN III: EL JUZGAMIENTO

TITLE I: GENERAL RULES

Article 356. Principles of Judgment

1. The trial is the main stage of the process. Is done on the basis of the indictment. Without prejudice to the procedural safeguards recognized by the Constitution and the Treaties of International Human Rights Law approved and ratified by Peru, governing, especially the oral, the advertising, the immediacy, and the contradiction in the performance evidence. Also, in his development is to observe the principles of continuity of the judgement, concentration of the acts of the trial, physical identity of the judge and the obligatory presence of the defendant and his defender.

2. The hearing is developed on a continuous basis and may be extended in successive sessions until completion. The successive sessions, without prejudice of the causes of the suspension and of the provisions of article 360°, will take place the next day or subsequent ordinary functioning of the Court.

Article 357. Publicity of the Trial and restrictions

1. The trial will be public. However, this Court by order especially motivated will be able to solve, even ex officio, that the act of oral is performed wholly or partly in private, in the following cases:

(a) When it affects them directly, the modesty, the private life or the physical integrity of any of the participants in the trial;

(b) When you are severely impacted by the public order or national security;

c) When it affects the interests of justice or, specifically, danger to a secret particular, commercial or industrial, whose wrongful disclosure is punishable or cause unfair prejudice, as well as when they happen manifestations on the part of the public to be distressed by the regular development of the hearing;

d) When it is proposed in a specific standard;

2. The Court also may have, either individually or concurrently, in accordance with the principle of proportionality, the following measures:

(a) Prohibit access or order the release of certain persons from the Hearing Room when they affect the order and decorum of the judgment;

(b) Reduce, in the exercise of its power of discipline, the access of the public to a certain number of people, or, for the reasons set out in the above paragraph, to order his departure for the practice of specific tests;

c) To prohibit the access of cameras or filming, recorders, or any other means of mechanical or electronic images, sounds, voices, or similar, always consider that its use may prejudice the interests of justice and, in particular, the right of the parties.

3. Once the cause that motivated the privacy of the trial will allow the re-entry of the audience in the Hearing Room. The Court, with discretion, may impose on the participants in the trial, the duty of secrecy about the facts that presenciaren or conocieren.

4. The trials on public officials, crimes of the press, and which relate to the fundamental rights guaranteed by the Constitution are always public.

5. The sentence will always be public, except in cases where the interest of juvenile persons otherwise requires.

Article 358. Conditions for the publicity of the trial

1. To comply with the warranty of advertising with the creation of appropriate conditions for the public and the press to have access to witness the hearing.

2. It is prohibited the entry of one who carries a firearm or other suitable means to attack or disturb the order. Nor can they enter the under twelve years of age, or who is drunk, drugged, or suffering from serious mental disorder.

Article 359. Concurrence of the Judge and the parties*

1. The trial will be conducted with the uninterrupted occurrence of the Judges, the Prosecutor and of the other parties, except as provided in the paragraphs following.

2. When the Court is collegial and let go some of its members being expected that his absence will be extended or that has emerged as an impediment, will be replaced by a single time for the Judge called by Law, without the suspended judgment, provided that the replaced will continue to become involved with the other two members. The license, retirement, or to enjoy a vacation of Judges are not prevented from participating in the deliberations and voting of the sentence.

3. The defendant will not be able to get away from the hearing without the permission of the Judge. In case of being granted the permit, will be represented by his attorney.

4. If the accused has given his statement in the trial, or when he could claim is welcomed to the right to silence, fails to attend the hearing, the hearing will proceed without their presence and will be represented by his attorney. If your presence is necessary to practice some procedural act, shall be conducted compulsively. Also it will appear when it is interrupted the expansion of the indictment. The absence of the said defendant not hurt the other defendants present.

5. When the defense attorney of the defendant unjustifiably absent from the hearing, governed by the provisions of paragraph 1 and 3 of article 85, excluyéndosele of the defense.

6. When the Prosecutor, unjustifiably, is absent from the hearing or does not attend two consecutive meetings or three meetings in a row, you will be excluded from the trial and will require the Attorney hierarchically superior in degree to appoint his replacement.

7. When the complainant or the third civil not attend the hearing or the successive sessions of the trial, it will continue without their concurrence, without prejudice that may be served to appear in court to testify. If the complainant does not go to the installation of a trial or two sessions, shall be deemed to have abandoned the constitution in part.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 360. Continuity, suspension and interruption of the trial

1. Installed the audience, it will be in continuous session, uninterrupted until its conclusion. If it is not possible to conduct the debate in a single day, this will continue for the consecutive days that were necessary to its conclusion.

2. The hearing will only be suspended:

(a) For reasons of illness of the Judge, the Prosecutor or the accused or his counsel;

(b) For reasons of force majeure or fortuitous event; and,

c) When this Code is available.

3. The suspension of the trial may not exceed eight days. Overcome the impediment, the hearing will continue, upon summons by the most rapid means, the next day, as long as it isn't over the period initially fixed. When the suspension lasts for more than that period, it will result in the interruption of the debate and leave without effect the judgment, without prejudice to noted new date for its completion.

4. If in the same locality is ill a witness or an expert witness whose examination is considered to be of transcendental importance, the Court may suspend the hearing to be in your home or health center, and examine it. This statement will be contested by the Court and the parties. The statements in these cases be taken literally, without prejudice of film or recorded. If possible, the Court will use the method of video conferencing.

5. Between sessions, or during the period of suspension, there may be other trials, always the features of the new cause allow.

Article 361. Orality and registration

1. The hearing is conducted orally, but is documented in the minutes. The record will contain a synthesis of the thing acted on it and will be signed by the Judge or the presiding Judge and the secretary. The Judges, the Prosecutor, and the defense of the parties may record the observations on the act that you deem appropriate. Also, the hearing may be recorded by a technical means, according to the Regulations that effect issued by the government body of the Judiciary.

2. The record and, in your case, the recording will demonstrate the way in which is developed the trial, the observance of the formalities laid down for him, the people have spoken and the actions that were carried out. Applies to this effect in article 121° of the present Code.

3. Any request or question proposed at the hearing shall be given orally, as to the reception of the evidence and, in general, any intervention of those who participate in it. It is prohibited to give reading to pleadings filed with such purposes, except for those who can't speak or not supieren to do in the Spanish language, in which case it will be involved in writing, except through an interpreter.

4. The resolutions will be issued and informed verbally. Shall be notified from the moment of its pronouncement, and must include your log in the act.

Article 362. Incidents

1. The incident promoted in the course of the hearing will be treated in a single act and will be resolved immediately. In your discussion be accorded to the parties, for the time set by the Criminal Judge, so that a ruling on its merits.

2. The resolutions that fall into these incidents are subject to appeal only in cases expressly provided for in this Code.

Article 363. Address of the judgment

1. The Criminal court Judge or the presiding Judge of the Court Referee will direct the judgment and order of the acts necessary for their development. Corresponds to guarantee the full exercise of the prosecution and of the defence of the parties. It is able to prevent that the allegations were diverted into aspects irrelevant or inadmissible, without coercing the reasonable exercise of the prosecution and the defense. It is also to limit the use of the word to the parties and their lawyers, setting limits equal for all of them, according to the nature and complexity of the case, or to interrupt the one who makes use of manifestly abusive of his faculty.

2. In the cases that Courts have been Registered, the address of the judgment will take turns among its other members.

Article 364. Disciplinary power and discretionary

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 public force.

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.

Article 365. Crime in the trial 

If, during the trial they committed a crime prosecuted ex officio, the Criminal Judge will order up a report with the directions that correspond to, and shall order the detention of the alleged guilty party, who immediately put at the disposal of the Fiscal, remitiéndosele copy of the background necessary to proceed in accordance with Law.

Article 366. Auxiliary Court

1. The Auxiliary Jurisdiction of the Court shall take appropriate action to carry out the notification ordered and are in the right place objects or documents which had to be submitted in a hearing has been ordered.

2. Likewise, it is obliged to make arrangements for the prompt assistance of the Prosecutor, the parties and their attorneys, as well as for the appearance of witnesses, experts, interpreters and other participants cited by the Court.

3. It corresponds also to the Auxiliary Jurisdiction of the Court, the public faith of the judiciary, as well as, through their staff, control of documents and records of the Court, supporting the Courthouse during the Trial and the responsibility for the preparation and custody of the trial record and other records, including the technical means of reproduction and file, in accordance with the Regulations approved by the governing body of the Judiciary.

TITLE II: PREPARING FOR THE DISCUSSION

Article 367. Attendance of the accused and his defender

1. The hearing may not be made without the presence of the accused and his or her counsel.

2. The summons to the accused with known place of residence and procedural, will be required for its concurrence to the judgment under penalty of being declared stubborn.

3. If it is a single defendant or being several none attends the opening of the hearing, without justifying your absence, it will be stated new day and time, without prejudice to declare inveterate.

4. When there are several defendants, and some of them do not attend, the hearing will begin with the attendees, declaring himself to be inveterate in the inconcurrentes without justification. In the same way it will be worth the defendant unreasonably be sure to attend the hearing.

5. In the event that the defendant is absent or stubborn to be captured or is this voluntarily before the close of the activity of proof, will be incorporated into the hearing, we will let you know the charges that are attributed to it, and you will be informed shortly of what has happened up to that point. Below, you will be given the opportunity to testify and speak about the proceedings of the trial, and will act if the tests are compatible with the state of the trial.

6. The accused, detained, throughout the course of the trial, will appear without ligatures or prison, accompanied by the police to prevent the risk of escape or violence. In cases or in circumstances are particularly serious, and according to the Rules that, upon coordination with the Ministry of the Interior, issued by the Government Body of the Judiciary, may be established mechanisms or security policies appropriate to the circumstances.

Article 368. Instead of Judging

1. The Judging will take place in the Courtroom that is designated by the Criminal Court.

2. When for reasons of illness or other causal justified it impossible for the attendance of the accused in the Courtroom, the prosecution may be made in whole or in part, in the place where it is located, provided that your state of health and the conditions allow.

3. The governing body of the Judicial Power shall establish the causes with prisoner preventive to be performed in the local sites or judicial adjacent to or located within penal institutions, while ensuring the publicity of the trial and that there are the material conditions for its realization.

Article 369. Installation of the audience

1. The hearing may only be installed with the obligatory presence of the Criminal court Judge, or, in his case, of the Judges of the Criminal Court Referee, of the Prosecutor and, with the warnings laid down in article 366°, the defendant and his defender.

2. The Criminal Judge will verify the correct summons to the parties, as well as the effective attendance of the witnesses and experts located. The absence of the other parts and organs of evidence cited does not prevent the installation of the audience. The Auxiliary Court will perform the actions that lead to the effective concurrence of the latter in the opportunity that is agreed to by the Criminal Judge.

Article 370. Location of the parties in the hearing

1. The Criminal court Judge, and will have your front to the accused; to his right, the Prosecutor and the attorney for the civil party; and to his left the defense attorney of the accused.

2. Witnesses and experts will occupy an environment adjacent to the Courtroom. The Auxiliary Court shall take the necessary measures to ensure that witnesses are not able to converse among themselves. Witnesses and experts shall only be introduced into the Courtroom as they are called to be examined.

TITLE III: THE DEVELOPMENT OF THE TRIAL

Article 371. Opening day of the trial and position of the parties

1. Installed the hearing, the Judge lays down the number of the process, the specific purpose of the trial, the name and other details of the personal identity of the accused, their legal situation, the offence the subject of the allegation, and the name of the aggrieved.

2. Thereupon, the Prosecutor will briefly about the facts that are the subject of the prosecution, the legal qualification and the evidence offered and were admitted. Subsequently, in its order, the lawyers of the complainant and of the third civil presented concisely in their claims and the evidence offered and admitted. Finally, the defender of the defendant will outline briefly their defense arguments and evidence on his behalf offered and admitted.

3. Completed pleadings, pre-trial, the Judge shall inform the defendant of his rights and will tell you that is free to speak out about the allegations or not to testify on the facts. The defendant in any state in the trial, may ask to be heard, in order to expand, clarify or supplement their claims or to declare if you previously had abstained. In addition, the defendant at all times be able to communicate with his counsel, but it is not to grind to a halt the hearing, a right that cannot be exercised during its declaration or before responding to the questions that you will make.

Article 372. Position of the accused and anticipated conclusion of the trial*

1. The Judge, after he had instructed his rights to the accused, asked if he admits to being author or accomplice to the crime subject of the allegation, and responsible for civil redress.

2. If the defendant, after consultation with his attorney, the answer is yes, the Judge will declare the conclusion of the trial. Before you answer, the defendant also may request, either by itself or through his counsel confer in advance with the Prosecutor to reach an agreement on the sentence to the effect of which is suspended for a short term. The judgment will be given in the same session or in the next, it may not be deferred for more than forty-eight hours, under penalty of nullity of the judgment. The reduction of the penalty is not appropriate in the crime provided for in article 108-B, and in the offences referred to in the Second Book, Title IV, Chapter I: articles 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J and Chapters IX, X and XI of the Penal Code.

3. If we accept the facts that are the subject of prosecution prosecutor, but it remains a challenge to the penalty and/or the civil remedies, the Judge prior to transfer to all the parties, provided that in that area there is the contradiction, will establish the boundaries of the debate to the single application of the penalty and/or fixation of the civil redress, and determine the means of proof that must be dealt with.

4. If there are several defendants, and only support the charges, a part of them, with regard to the latter shall apply the procedure provided for in this article and shall be a judgment, continuing the process with regard to the do not confess.

5. The statement of compliance referred to in paragraph 2 of this article, shall be issued by accepting the terms of the agreement. If, however, from the description of the accepted fact, the Judge considers that there is a crime or it is manifested by the concurrence of any cause, which purports to waive or mitigates the criminal liability, shall render judgment in the terms of appropriate. Not linked to the Criminal Judge the conformity of the amount of the civil redress, provided that there is an actor civil constituted in cars and had observed specifically the amount set by the Prosecutor, or that has been subject to conformity. In this case, the Criminal court may fix the amount if its imposition is possible or, in any case, defer its determination of the sentence that put an end to the trial.

*Artículo modificado por la Ley 30963, publicada el 18 de junio de 2019.

Article 373. Request for a new trial

1. Following the previous procedure, if available, the continuation of the trial, the parties may offer new means test. Are only accepted those that the parties have had knowledge after the hearing of control of the indictment.

2. Exceptionally, the parties will be able to reiterate the offer of evidence inadmitidos in the hearing of the control, which requires special argument of the parties. The Judge will decide in this act, prior to transfer of the order to the other parties.

3. The decision is not appealed.

Article 374. Power of the Court and the Faculty of the Prosecutor

1. If in the course of the trial, prior to the completion of the activity probation, the Criminal Judge notes the possibility of a legal qualification of the facts that are the subject of the debate that has not been seen by the Public prosecutor's office is required to advise the Prosecutor and the accused on that possibility. The parties shall act specifically on the thesis posed by the Criminal court Judge and, where appropriate, shall propose the necessary test as appropriate. If any of the parties announces that he is not prepared to rule on it, the Criminal Judge suspended the Trial for up to five days, to give opportunity to expose what is convenient.

2. During the trial the Prosecutor, introducing an indictment, supplementary, you can expand it, by the inclusion of a new fact or a new circumstance that has not been mentioned in your opportunity, amending the legal description or integrates a continuing offence. In such a case, the Prosecutor must warn the variation of the legal qualification.

3. In connection with the new facts or circumstances attributed to the accusation addition, you will receive a new statement of the accused person and shall inform the parties that have the right to request the suspension of the trial to provide further evidence or to prepare the defence. The suspension shall not exceed the period of five days.

TITLE IV: PERFORMANCE EVIDENCE

Article 375. Order and mode of the discussion of evidence

1. The discussion of evidence will follow the following order:

(a) Examination of the accused;

(b) Action of the evidence admitted; and,

c) Oralización of the evidence.

2. The Criminal Judge, listening to the parties, decide the order they should be taken the statements of the accused, if they were multiple, and the evidence admitted.

3. The direct examination of the organs of proof lies with the Prosecutor and counsel for the parties.

4. The Judge during the development of the activity of proof exerts its powers to drive it regularly. It can intervene if it considers it necessary in order that the public Prosecutor or the parties ' lawyers to make the clarification that may be required or, exceptionally, to examine the bodies of the test only when it would have been a void.

Article 376. Statement of the accused

1. If the defendant refuses to testify whole or in part, the Judge will warn you that, although not declare the trial will continue, and it will read your earlier statements made to the public Prosecutor.

2. If the defendant agrees to be interrogated, the examination is subject to the following rules:

(a) The defendant will provide free and orally stories, clarifications and explanations about your case;

(b) The interrogation is to provide guidance to clarify the circumstances of the case and other elements necessary for the measurement of worth, and of the civil redress;

c) The interrogation is subject to any of the questions are direct, clear, relevant and useful;

d) Are not eligible questions repeated on what the defendant has already declared, except for the obvious need for an answer clarification. Are also not allowed leading questions, irrelevant and containing suggested answers.

3. The Judge shall promptly their powers of direction and declare, ex officio or at the request of a party, inadmissible the forbidden questions.

4. The last-in, intervene shall be the attorney for the defendant subjected to interrogation.

Article 377. Declaration in case of plurality of defendants

1. The accused shall, by its order, according to the list established by the Criminal Judge, after consultation with the parties.

2. In this case the test will be done individually. The Judge, ex officio or at the request of the parties, may arrange to examine separately the accused, to which effect the defendants remaining will be evicted from the Courtroom. The conclusion of the interrogation of the accused and found everyone in the Courtroom, the Judge will make them know verbally the most important points of the declaration of each one of them. If any of the defendants to issue a clarification or rectification will be noted in the minutes wherever relevant and conducive.

Article 378. Examination of witnesses and experts

1. The Judge, after properly identify the witness or expert, you will have to pay an oath or promise to tell the truth.

2. The examination of the witnesses is subject —as appropriate— to the same rules of the interrogation of the defendant. Corresponds, in the first place, the examination of the part that has offered the test and then the remaining. Before testifying, witnesses may not communicate with each other, and should not see, hear or be informed of what occurs in the courtroom. You can not read the declaration of a witness questioned before the hearing when it makes use of its right to deny the testimony in the trial.

3. The examination of the witness under sixteen years of age shall be conducted by the Judge on the basis of the questions and cross-examination submitted by the Prosecutor and other parties. You can accept the help of a family member of the child and/or an expert in psychology. If, after hearing the parties, it is considered that the direct examination of the minor is not detrimental to its serenity, shall provide that the interrogation would continue with the formalities laid down for the other witnesses. This decision can be revoked in the course of the interrogation.

4. The Judge will be moderating the interrogation and avoid the declarant has to answer critical questions, suggestive or abusive, and shall endeavour to ensure that the interrogation is conducted without undue pressure and without offending the dignity of the people. The parties, in this act, may request the replacement of the decisions of who leads the debate, when limiting the cross-examination, or to object to the questions.

5. The examination of the experts, it starts with the brief exposure of the content and conclusions of the expert opinion. If it is necessary, to order the reading of the expert opinion. Then it will be screened and asked if it corresponds to the that have been issued, if you have undergone any change, and if it is your signature that appears at the end of the opinion. Then, you will be asked to explain the operations expert who have made, and will be questioned by the parties in the order set by the judge, starting with who proposed the test and then the other.

6. If a witness or expert declares that she no longer remembers a fact, you can read the relevant part of the act on his cross-examination previous to memory. It will have the same, if in the interrogation arises a contradiction with the previous statement that no one can see or overcome in another way.

7. The experts will be able to view documents, written notes and publications during his interrogation. In case it is necessary there will be a discussion of the expert, which will order the reading of the expert opinions or reports, scientists or technicians, who are deemed fit.

8. During cross-examination, the parties may confront the expert or witness with their own sayings or other versions of the facts presented at trial.

9. Witnesses and experts expressed the reason of their information and the source of their knowledge.

10. At the request of any party, the judge may authorize a new examination of witnesses or experts who had already declared at the hearing.

Article 379. Inconcurrencia of the witness or expert

1. When the witness or expert, appropriately quoted, has not appeared, the Judge shall order it to be conducted compulsively and to order that the one who proposed to work with diligence.

2. If the witness or expert is unable to be located for driving compulsive, the trial will continue, irrespective of that test.

Article 380. Special examination of the witness or expert

1. The judge, ex officio or at the request of a party, may order that the accused is not present at the hearing during an interrogation, if it is feared that another processed, a witness or an expert witness did not tell the truth in his presence.

2. Similarly, we will proceed if, in the examination of a child of ten and six years, is a fear of prejudice relevant to him, or if, in the interrogation of another person as a witness or expert witness, in the presence of the accused, there is the danger of serious harm to their physical integrity or health. As soon as the defendant is present again, it should be instruírsele on the essential content of what has been said or discussed in his absence.

Article 381. Special hearing of witnesses and experts

1. Witnesses and experts who can not attend the Hearing Room by an impediment justified, will be examined in the place where they are by the judge.

2. If you are located in a different place than the trial, the judge will move to the same or employ the system of video conference, in the first case the defenders will be able to represent the parties.

3. In exceptional cases, the judge comisionará to another court to the practice of the test, and may intervene in the same lawyers of the parties, the act must reproduce the test and, if it has the technical means corresponding, it will still play through video, film or audio.

Article 382. Test material*

1. Instruments or effects of the crime, and the objects or traces seized or collected, held, or have been incorporated prior to the trial, provided that it is physically possible, will be exhibited in the debate and may be examined by the parties.

2. The test material may be presented to the accused, witnesses and experts during their statements, so that you recognize it or report on it.

* Artículo modificado por el DL 983, publicado el 22 de julio de 2007.

Article 383. Reading of the documentary evidence

1. May only be incorporated into the judgment read:

(a) The minutes containing the advance test;

(b) The complaint, documentary evidence or reports, and certifications and determinations;

c) Reports or expert opinions, as well as minutes of discussion and debate expert acted with the concurrence or the due location of the parties, provided that the expert had not been able to attend the trial due to death, illness, absence from place of residence, lack of knowledge of their whereabouts or by causes independent of the will of the parties. Also you will read the opinions produced by the commission, urge or report;

d) The minutes containing the statement of witnesses actuated urge you. Also will read the statements made by the Prosecutor with the concurrence or the due location of the parties, provided that the conditions laid down in the previous paragraph; and,

(e) The minutes recorded by the Police, the Prosecutor or the Judge of the Preparatory Research that contain errands objective and irreproducible actuated in accordance with the provisions of this Code or the Law, such as the minutes of detention, recognition, registration, inspection, review, weighing, discovery, seize and search, among others.

2. There are oralizables the documents or acts which refer to the test performed at the hearing or to the performance of it. All other document or act that seeks to be entered at the trial, by your reading will not have any value.

3. The oralización includes, in addition to the order of reading, to hear or see the relevant part of the document or act.

Article 384. Proceedings of the oralización

1. The oralización will take place when, interchangeably, ask the Prosecutor or the defense. The oralización will be for your order, initializing the Prosecutor, continuándola the lawyer of the complainant and of the third civil, and culminating the defendant's attorney. Those who ask for oralización indicate the folio or documents and highlight orally the meaning of evidence which it deems useful.

2. When the documents or reports were very bulky, you will be able to dispense with the reading as a whole. In the same way, you can dispense with the total playback of a recording, giving their essential content or ordering your reading or partial reproduction.

3. The records of images, sounds or computer support can be played in the hearing, according to their way of reproduction usual.

4. Once the completion of the read or reproduction of the documents, the judge shall give the floor for a short term to the parties to that, if considered necessary, explain, clarify, refute, or vote on your content.

Article 385. Other means of proof and proof of trade

1. If to know the facts, whenever possible, that has not made such diligence in the research high school or it would manifestly insufficient, the Criminal Judge, ex officio or at the request of a party, prior discussion of the intervening parties, order the conduct of an inspection or a reconstruction, having the necessary measures to implement them.

2. The Criminal court Judge, and, exceptionally, once completed the reception of the evidence, may, ex officio or at the request of a party, the performance of new evidence if, in the course of the debate are essential or manifestly useful to clarify the truth. The Criminal court Judge, will take care not to replace by this means the performance of the parties.

3. The resolution is issued in both cases, it is not actionable.

TITLE V: CLOSING ARGUMENTS

Article 386. Development of the final discussion*

1. Concluded the discussion of evidence, the final discussion will be held in the following order:

(a) Oral presentation of the prosecutor;

(b) Pleadings of the lawyers of the complainant and of the third civil;

c) Arguments of the defence lawyer of the accused;

d) Self-defense of the accused.

2. Not be able to read writings, without prejudice to the partial reading of notes to assist the memory or the use of graphics media or audio-visual for a better illustration to judge.

3. If it is present, then the aggrieved person and you want to expose, you are given the word, although it has not intervened in the process. In any case, it will be the last word of the defendant.

4. The criminal court judge, shall give the floor a reasonable time in view of the nature and complexity of the case. At the end of the argument, the speaker shall state its findings of a particular mode. In the case of manifest abuse of the word, the criminal judge will call attention to the speaker and, if this persists, you can set a time limit in which you invariably will end the argument.

5. At the end of the self-defense of the defendant, the criminal judge shall declare the debate closed.

* Artículo modificado por la Ley 30076, publicada el 19 de agosto de 2013.

Article 387. Oral argument of the Prosecutor

1. The Prosecutor, when you consider that at trial we have tested the charges, the matter of the accusation written, the nourisher of orally expressing the facts and the evidence on which it is founded, the legal qualification of the same, criminal and civil liability of the accused, and, if applicable, the liability of the third civil, and conclude by stating the penalty and the civil remedies that you request.

2. If the Prosecutor considers that the trial has created new reasons to ask for an increase or decrease of the sentence, or the civil remedies requested in the written accusation, it will highlight those reasons and ask the adequacy of the penalty or civil redress. Likewise, in the merit of the test performed in the trial, you can request the imposition of a security measure, provided that on that end would have produced contradictory debate corresponding.

3. The Prosecutor, in this act, may make correction of simple material errors or to include some circumstances, provided you do not modify essentially the imputation or cause helplessness and, without it being considered an indictment complementary.

4. If the Prosecutor considers that the charges against the defendant have been innervated in the trial, it will remove the charge. In this case, the procedure shall be as follows:

(a) The Judge, after hearing the lawyers of the other parties, will be settled in the same hearing that apply or be suspended for that purpose by the end of two business days.

(b) Reopened the hearing, if the Judge agrees with the request of the Prosecutor, will dictate self-giving for withdrawal of the prosecution, he shall order that the freedom of the defendant, if he were a prisoner and shall provide for the dismissal of the final cause.

c) If the Judge disagrees with the requirement of the Tax, which will raise the case to the Prosecutor hierarchically superior to decide, within the third day, if the Fiscal bottom keeps the indictment, or whether it should proceed in accordance with the previous paragraph.

d) The decision of the Prosecutor hierarchically superior linked to the Fiscal bottom and the Judge.

Article 388. Oral argument of the actor civil

1. The lawyer of the complainant will argue on the grievance that the fact has caused to your sponsored, it will demonstrate the right to reparation which has its defended and will highlight the amount by which estimated the amount of the compensation, as well as ask for the restitution of the good, if it is still possible, or the payment of its value.

2. The lawyer of the complainant will be able to clarify with the whole breadth of the facts ignorance of so many criminal as long as they are relevant for the allocation of the liability, as well as the set of circumstances that will influence your appreciation. It is prohibited to qualify the crime.

Article 389. Oral argument of the attorney of the third civil

1. The attorney of the third civil will be able to deny the existence of the criminal act attributed to the accused, or disprove the existence of the liability attributed to him by the prosecution or the complainant, or the magnitude of the damage and the amount of compensation requested.

2. The attorney of the third civil may refer entirely to the fact the object of imputation and, without questioning the criminal sphere of the same, to highlight the absence of the criteria for allocation of civil law.

Article 390. Oral argument of the counsel for defendant

1. The defense attorney of the accused will analyze the arguments of the complaint in regards to the elements and circumstances of the crime, the criminal responsibility and degree of participation that is attributed to your sponsored, grief, and repairing civil requested, and if such is the case the rebatirá.

2. Will conclude their argument by requesting the acquittal of the accused or the mitigation of the penalty, or be the case for any other order that is conducive to your sponsored.

Article 391. Self-defense of the accused

1. The conclusion of the oral arguments, may be accorded to the accused to expose what he deems suitable to your defense. Limit your exposure to the time that it has been fixed and what is the subject of the trial. If you do not comply with the foregoing limitation may be to draw attention and require to specify your exposure.

2. If the defendant fails to comply with the limitation imposed, it shall be terminated, their exposure, and, in severe case, will he leave the Courtroom. In this last case, the judgment may be read not to be present for the defendant but when his defender or appointed by the court, without prejudice to notify in accordance with Law.

TITLE VI: THE DELIBERATION AND JUDGMENT

Article 392. Deliberation

1. The closure of the debate, the judges shall, immediately and without interruption, to deliberate in secret session.

2. The deliberation may not extend beyond two days, nor may be suspended for three more days in case of illness of the judge or of any of the judges of the Court Referee. In the complex processes, the term is double that in all the cases referred to in the preceding paragraph.

3. The time period elapsed without the occurrence of the fault, the trial must be repeated before another Court, without prejudice to actions by disciplinary liability that apply to you.

4. The decisions are taken by majority. If this does not occur in relation to the amount of the penalty and the civil remedies, it will be the average. To impose the penalty of life imprisonment shall require a unanimous decision.

Article 393. Rules for the deliberation and voting

1. The Criminal Judge will not be able to use for the deliberation different tests to those legitimately incorporated in the judgment.

2. The Criminal Judge for the weighing of evidence shall first examine them individually and then jointly with the other. The assessment of evidence, will respect the rules of sound criticism, especially in accordance with the principles of logic, the peak of the experience and scientific knowledge.

3. The deliberations and voting shall relate to the following issues:

(a) Regarding any incidental question that has been deferred for this time;

(b) Those relating to the existence of the fact and circumstances;

c) Those relating to the liability of the defendant, the circumstances, as amended, of the same, and their degree of participation in the fact;

d) The legal description of the fact committed;

(e) The individualization of the penalty applicable and, if that is the case, the measure of safety to replace it or go with it;

f) The civil redress and accessory consequences; and,

g) When applicable, related to the shores.

Article 394. Requirements statement 

The judgment shall contain:

1. The mention of the Criminal Court, the place and date on 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 of criminal and civil introduced at 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. Shall in addition contain, where appropriate, the pronouncement relative to the coast and proceed about the fate of the pieces of evidence, instruments, or effects of the crime;

6. The signature of the Judge or Judges.

Article 395. Wording of the sentence 

Immediately after the deliberation, the statement will be drafted by the Judge or the Director of the Debate as the case may be. 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 396. Reading of the sentence

1. The Criminal Judge, one or Referee, as the case may be, shall be again in the Courtroom, after being called out verbally the parties, and the judgment will be read to those who appear before the court.

2. When the complexity of the matter or the lateness of the hour it is necessary to delay the drafting of the judgment, in that occasion, it will read only the operative part and one of the judges explain synthetically the public on the rationale that led to the decision, will announce the day and time for the integral reading, which will take place in a maximum period of eight days after the delivery of the operative face of those who appear before the court.

3. The judgment will be notified with their integral reading in a public hearing. The parties immediately receive copies of it.

Article 397. Correlation between indictment and sentencing

1. The sentence may not be accredited facts or other circumstances than those described in the indictment and, in its case, the prosecution ampliatoria, except when to favor the accused.

2. In the conviction, you will not be able to change the legal qualification of the fact the subject of the allegation or your ampliatoria, except that the Criminal court Judge, and has given compliance with paragraph (1) of article 374°.

3. The Criminal Judge will not be able to apply more severe penalty than is required by the Tax, except that an application below the minimum legal without a justified cause of attenuation.

Article 398. Acquittal

1. The motivation of the acquittal, will highlight especially the existence or non-existence of the fact imputed, the reasons for which the fact is not a crime, as well as, if applicable, the statement that the defendant has not been involved in its perpetration, that the means of proof are not sufficient to establish his guilt, that there remains a doubt on the same, or that is proven a causal exempts him from criminal liability.

2. The acquittal will order the release of the accused, the cessation of the measures of coercion, for the restitution of the objects that are affected to the process that are not subject to confiscation, the inscriptions necessary, the annulment of the police records and the court that generated the event, and shall fix the costs.

3. The freedom of the defendant, and the rise of other measures of coercion procedural will benefit even when the acquittal is not firm. In like manner, shall immediately suspend the orders of capture given in against.

Article 399. Judgment of conviction

1. The judgment of conviction shall determine, with accuracy, penalties or security measures that apply, and, in your case, the alternative sentence of imprisonment and the obligations to be fulfilled by the convicted person. If it imposes a sentence of imprisonment effective, for the purpose of computing will be deducted, if any, the time of detention, pretrial detention and home detention that have been fulfilled, as well as the deprivation of liberty suffered abroad as a result of the extradition procedure in place to be submitted to process in the country.

2. In the sentences or security measures shall determine provisionally the date on which the sentence ends, discounting periods of detention or remand in custody carried out by the convicted person. Will be fixed, also, the time limit within which you must pay the fine.

3. In both has been a matter of debate, will unify the convictions or sentences when appropriate. Otherwise we will revoke the benefit penitentiary granted to the condemned in the execution of the previous sentence, in that it must meet the sentences on.

4. The judgment of conviction shall also decide on the repair of civil, ordering —when appropriate— the restitution of the property or its value, and the amount of the compensation due, the accessory consequences of the crime, the coasts and on the award of the objects abducted to who has a better right to possess.

5. Read the sentence, if the defendant is on probation, the Judge may provide for the preventive detention when there is basis to reasonably estimate that will not be subject to execution once you sign the sentence.

Article 400. Responsibility of person not included in the process, or commission of another crime

1. If the tests performed, it appears that a witness has testified falsely or is inferred criminal liability of any other person not included in the process, or discover other fact delinquent similar to, different from or associated with the that is a matter of judgment and is punishable by public exercise of the criminal action, the judgment shall provide that these facts are brought to the attention of the competent Prosecutor for legal purposes that correspond, to send copy of certificate of what has happened.

2. The witness to whom is attributed a false statement on the case on the matter of judging will not be processed for the offence while there was order in the sentence is issued in this procedure, and is strong.

Article 401. Appeal*

1. At the conclusion of the reading of the verdict, the Judge will ask to whom it may concern if it stands on appeal. It is not necessary that this act will pave the resource. You can also reserved the decision of contesting.

2. For the defendants did not present at the hearing, the period begins to run from the day following the notification in your home procedure.

3. Governed by the relevant provisions of article 405.

4. If it is a sentence issued pursuant to the provisions of article 448°, the appeal will be heard in the very act of reading. It is not necessary to its written form. In case the defendant does not go to the reading audience, governs the literal c) of paragraph 1 of article 414. The Criminal Upper, received the notebook of appeal, shall be communicated to the parties may offer evidence in the term of three (3) days.

*Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

Article 402. Provisional execution

1. The judgment of conviction, in its extreme criminal, shall provisionally although gets recourse against it, except for the cases in which the penalty is a fine or limitation of rights.

2. Si el condenado estuviere en libertad y se impone pena o medida de seguridad privativa de libertad de carácter efectivo, el Juez Penal según su naturaleza o gravedad y el peligro de fuga, podrá optar por su inmediata ejecución o imponer algunas de las restricciones previstas en el artículo 288° mientras se resuelve el recurso.

Article 403. The entry of the conviction

1. Is entered in the corresponding Register, in charge of the Judiciary, all the penalties and security measures imposed and that consist of a final judgment.

2. The registration will expire automatically with the enforcement of the penalty or security measure imposed.

BOOK FOURTH
THE CHALLENGE

SECTION I: GENERAL RULES

Article 404. Faculty of appeal

1. Judicial decisions are contested only by the means and in the cases expressly specified by the Law. The resources impugnatorios stand before the judge who issued the decision under appeal.

2. The right of challenge is only to whom the Law was given expressly. If the Law does not distinguish between the various parties to the proceedings, the right corresponds to any of them.

3. The defender will be able to rely directly on behalf of his sponsor, who later if you are not satisfied you can opt-out. The withdrawal require the authorisation of a criminal defense attorney.

4. The parties to the proceedings when they have the right to appeal, may accede, before the file is to elevate the Judge accordingly, the appeal filed by any of them, provided that you comply with the formalities of filing

Article 405. Formalities of the resource

1. For the admission of the resource is required:

(a) It is presented by whoever is aggrieved by the resolution, have a direct interest and find power legally to do so. The Public prosecutor may appeal even in favor of the defendant.

(b) Asserted in writing and within the period prescribed by the Law. It can also be brought in oral form, when it comes to resolutions issued in the course of the hearing, in which case the appeal will be heard in the same act which reads the resolution that motivates him.

c) Need parts or points of the decision referred to in the objection, and to express themselves the basics, with specific indication of the fundamentals of law and fact that they support. The appeal must conclude with a claim concrete.

2. The appeals orally against the final decisions issued at the hearing shall be executed in writing within five days, unless a different layout of the Law.

3. The Judge who issued the contested decision, is a decision on the admission of the appeal and shall notify its decision to all the parties, after which you immediately raise actuated by a court of competent jurisdiction. The Judge that I should be aware of the challenge, even ex officio, be able to control the admissibility of the appeal and, in his case, may cancel the concesorio.

Article 406. Withdrawal

1. Those who have lodged an appeal may be withdrawn prior to issuing a decision on the grade, expressing its foundations.

2. The defender will not be able to opt-out of an action brought by him without an express mandate to your sponsored, subsequent to the filing of the motion.

3. The withdrawal shall not prejudice the other recurring or adherent, but are saddled with the costs

Article 407. Scope of the resource

1. The accused and the Public prosecutor may challenge, indistinctly, of the object or criminal or of the object of the civil resolution.

2. The complainant may only have recourse with regard to the object of the civil resolution.

Article 408. Extension of the resource

1. When a procedure there are coimputados, the challenge of one of them will favor the other, provided that the reasons therefor are not exclusively personal.

2. The opposition filed by the accused favors to the third civil.

3. The challenge presented by the third civil favours the accused, as it has not been based on grounds purely personal.

Article 409. Jurisdiction of the Court Reviewer

1. The challenge confers on the Court jurisdiction only to resolve the matter contested, as well as to declare the nullity in case of annulments absolute or substantial not noticed by the opponent.

2. The errors of law in the foundation of the decision under appeal that did not influence the operative part not the void, but will be corrected. Similarly, we can proceed in the case of a material error in the name or the calculation of the penalties.

3. The challenge of the Public Ministry will revoke or modify the resolution is still in favor of the defendant. The challenge, brought to you exclusively by the accused does not allow modification to your detriment.

Article 410. Challenge deferred

1. In the processes of plurality of defendants or of crimes, when it is rendered self of proceedings, pending the prosecution of the other, the challenge that is present if it is granted shall reserve the remission of the car until sentence is pronounced to put an end to the instance, except that this is causing serious harm to any of the parties.

2. In this latter case, the party concerned may file an appeal of a complaint, in the manner and form provided by Law.

Article 411. Freedom of the accused

The defendants have exceeded the time penalty imposed by a judgment pending appeal, without prejudice to that it is resolved, will be put in immediate freedom. The judge is empowered to adopt measures to ensure that the presence of the accused, to be applicable in the relevant restrictions referred to in article 288°.

Article 412. Provisional execution

1. Unless otherwise contrary to the Law, the contested decision through an appeal runs provisionally, dictating the relevant provisions if the case requires it.

2. The challenges against the judgments and other decisions that have the freedom of the defendant shall not have a suspensive effect.

SECTION II: RESOURCES

Article 413. Classes

The appeals against the judgments are:

1. Resource replenishment.

2. Appeal.

3. Appeal.

4. Complaint.

Article 414. Deadlines*

1. The deadlines for the filing of the resources, unless a legal provision that is different, they are:

(a) Ten (10) days for the appeal;

(b) Five (5) days to appeal against judgments;

c) Three (3) days of the appeal against cars interlocutory, the complaint and appeal against decisions issued pursuant to the provisions of article 448°;

d) Two (2) days for the resource replenishment.

2. The term shall be counted from the day following the notification of the decision.

* Artículo modificado por el DL 1307, publicado el 30 de diciembre de 2016.

SECTION III: THE REMEDY OF REPLACEMENT

Article 415. Scope

1. The resource replacement is necessary against the decrees, to which the Judge that issued re-examine the issue and take the appropriate decision. During the hearings shall be permissible only to the remedy of replacement against any type of resolution, except the finals, should the Judge in this case to resolve the resource in the same act without suspend the hearing.

2. The procedure to be observed shall be as follows:

(a) If you filed the appeal, the Judge warns that the defect or error is obvious or that the appeal is manifestly inadmissible, as shall declare so without further ado.

(b) If this is not a decision made in a hearing, the appeal shall be lodged in writing with the formalities have already been set. If the Judge deems it necessary, shall confer on transfer for a period of two days. The expiration of the term, you will solve your reply or without it.

3. The car that resolves the replacement is inimpugnable.

SECTION IV: THE APPEAL

TITLE I: GENERAL RULES

Article 416. Decisions subject to appeal and demand formal

1. The appeal will proceed against:

(a) Judgments;

(b) The cars of dismissal and resolve issues prior, questions, and exceptions or declare the termination of the criminal action, or to terminate the procedure, or the instance;

c) Cars to revoke the conditional sentence, the booking of the conviction or the conversion of the penalty;

d) The cars that are ruling on the constitution of the parties and on the application of coercive measures or cessation of preventive detention;

e. The cars are expressly declared to be subject to appeal or that cause levy to be irreparable.

2. When the Criminal Upper has its headquarters in a place other than the Court, the appellant must set address for service at the headquarters of the Court within the fifth day of notification of the concesorio of the appeal. Otherwise, you shall be notified on the same date of the issuance of the decisions handed down by the Criminal Chamber Top.

Article 417. Competition

1. Against the decisions issued by the Judge of the Preparatory Research, as well as against those issued by the Criminal Court, one or referee, you know the appeal of the Criminal division Higher.

2. Against judgments issued by the justice of the Peace Court the Legal representative, known for the appeal, the Court of Criminal man.

Article 418. Effects

1. The appeal shall have suspensive effect against judgments and orders of dismissal, as well as other cars that put an end to the instance.

2. If it is a judgment of conviction imposing custodial penalty effective, this end will be run in the interim. In any case, the Superior Court in any state in the procedure recursal decided by self inimpugnable, according to the circumstances of the case, if the provisional execution of the judgment should be suspended.

Article 419. Powers of the Criminal Chamber Upper*

1. El examen de la Sala Penal Superior tiene como propósito que la resolución impugnada sea anulada o revocada, total o parcialmente. En este último caso, tratándose de sentencias absolutorias podrá dictar sentencia condenatoria, fallo que podrá ser revisado en apelación por la Sala Penal de la Corte Suprema.

2. Bastan dos votos conformes para absolver el grado.

* Artículo modificado por la Ley 31592, publicada el 26 de octubre de 2022.

TITLE II: THE APPEAL OF CARS

Article 420. Pending

1. Received the car, except for the cases expressly provided for in this Code, the board will confer transfer of the written substantiation of the appeal to the Public Ministry and the other parties to the proceedings for a period of five days.

2. Acquitted the transfer or upon expiry of the time limit for doing so, if the Criminal Chamber Upper considers inadmissible the appeal may reject it outright. Otherwise, the case is expedited to be resolved, and will specify the date and time for the hearing of the appeal.

3. Prior to the notice of this decree, the Public Ministry, and the other parties to the proceedings may submit documentary evidence or to request to be added to the car any act of research performed after the filing of the appeal, of what shall be communicated to the parties to the proceedings, for the term of three days. Exceptionally, the board may request additional copies or performances original, without this implying the cessation of the procedure.

4. The car that the board declares inadmissible the appeal may be subject to appeal replacement cost, which will be processed in accordance with article 415°.

5. The appeal hearing will be able to attend the parties to the proceedings they consider it appropriate. At the hearing, which shall not be postponed for any reason, you will be aware of the order being appealed, the grounds of the appeal, and thereafter, you will hear the counsel of the appellant and the other lawyers of the parties attending. The defendant, in any case, you will be entitled to the last word.

6. At any time of the hearing, the board may ask questions of the Attorney or attorneys of the other parties to the proceedings, or ask them to deepen their argument or to refer to some specific aspect of the issue discussed.

7. Except in cases expressly provided for in this Code, the Room will absolve the grade in the term of twenty days.

TITLE III: THE APPEAL OF SENTENCES

Article 421. Procedure initial

1. Received the car, the Room will confer transfer of the written substantiation of the appeal by the deadline of five days.

2. Fulfilled the acquittal of torts or the expiry of the deadline for doing so, if the Criminal Chamber Upper considers inadmissible the appeal may reject it outright. In the opposite case, it shall inform the parties may offer evidence in the period of five days. The car, which declares inadmissible the appeal may be subject to appeal replacement cost, which will be processed in accordance with article 415°.

Article 422. Tests in Second Instance

1. The written offer of evidence shall specifically indicate, under penalty of inadmissibility, the contribution to be expected from the evidence offered.

2. Only admit the following evidence:

(a) Those who could not propose in the first instance because of the ignorance of its existence;

(b) The proposed who were improperly denied, provided that formulated in his time the appropriate reserve; and,

c) Those admitted were not performed for reasons not attributable to him.

3. Are only accepted means of proof when challenged the judgment of guilt or innocence. If only questioned the judicial determination of the punishment, the evidence will be referring to this single end. If the appeal in its entirety only refers to the object's civil process is governed by the limits prescribed in article 374° of the Code of Civil Procedure.

4. The Room by auto, in the period of three days, decide the admissibility of the evidence offered according to the provisions of paragraph (2) of article 155°, and the points matter of discussion in the appeal. The resolution is inimpugnable.

5. Also be cited those witnesses —including the wronged— that have been declared in the first instance, provided that the Room by the demands of immediacy and contradiction deems essential to his attendance to support the judgment of fact of the judgment, unless the parties have insisted on her presence, in which case you will be to, what appears to be transcribed in the minutes of the trial.

Article 423. Summons for the hearing of the appeal*

1. Determined the admissibility of the evidence offered, that same car will convene the parties, including the accused, for non-recurring items, for the hearing of the appeal.

2. Para la instalación de la audiencia es obligatoria la presencia del Fiscal y del imputado recurrente, así como de todos los imputados recurridos en caso la impugnación fuere interpuesta por el Fiscal.

3. Si el acusado recurrente no concurre injustificadamente a la audiencia, se declarará la inadmisibilidad del recurso que interpuso. De igual manera se procederá si no concurre el Fiscal cuando es parte recurrente.

4. Ante la inconcurrencia de los imputados recurridos, estos son declarados reos contumaces y se dispone su conducción compulsiva.

5. It is also mandatory to have the concurrence of the private parts if they have only filed the appeal, under penalty of declaration of inadmissibility of the appeal.

6. If the appeal in its entirety only refers to the object's civil process, it is not mandatory to have the concurrence of the defendant, or the third civil.

* Artículo modificado por la Ley 31592, publicada el 26 de octubre de 2022.

Article 424. Appeal hearing

1. In the appeal hearing will be followed, as applicable, the rules relating to the judgment of the first instance.

2. To start the discussion will be a ratio of the judgment under appeal and the challenges involved. Act followed, you will give the opportunity to the parties to opt-out total or in part of the appeal lodged, as well as to ratify the grounds of the appeal.

3. Below are featuring some of the evidence admitted. The interrogation of the accused is a mandatory step when discussing the trial of fact of the judgment of first instance, except that decide to abstain from declaring.

4. Can be read in the hearing of the appeal, even ex officio, to the expert report and the examination of the expert, to the proceedings of the court of first instance does not objected to by the parties, as well as, within the limits provided for in article 383°, to the proceedings so far in the previous steps.

5. At the end of the performance test, the parties would argue for your order beginning by recurrent, pursuant to the relevant paragraph (1) of article 386°. The accused shall have the right to the last word. Governed by the provisions of paragraph (5) of article 386°.

Article 425. Judgment of second instance*

1. Rige para la deliberación y expedición de la sentencia de segunda instancia lo dispuesto, en lo pertinente, en el artículo 393. El plazo para dictar sentencia no podrá exceder de diez (10) días. Sin perjuicio de lo anterior, si se trata de proceso inmediato, el plazo para dictar sentencia no podrá exceder de tres (3) días, bajo responsabilidad. Para la absolución del grado se requiere mayoría de votos.

2. La Sala Penal Superior solo valorará independientemente la prueba actuada en la audiencia de apelación, y las pruebas pericial, documental, preconstituida y anticipada. La Sala Penal Superior no puede otorgar diferente valor probatorio a la prueba personal que fue objeto de inmediación por el Juez de primera instancia, salvo que su valor probatorio sea cuestionado por una prueba actuada en segunda instancia.

3. La sentencia de segunda instancia, sin perjuicio de lo dispuesto en el artículo 409, puede:

(a) To declare the nullity, in whole or in part, of the judgment appealed and have referred the case to the Judge that corresponds to the relief to which they are entitled.

(b) Within the limits of the appeal, confirm or reverse the sentence appealed. If the judgment of the first instance is absolving you can render a judgment of conviction imposing sanctions and civil remedies to which it is entitled or refer the absolution to a cause different from that set out by the Judge. If the judgment of the first instance is of conviction, it can issue acquittal, or give the fact, in the case has been proposed by the prosecution prosecutor and the corresponding resource, an appellation legal entity different or more severe than indicated by the Judge of First Instance. You can also modify the penalty imposed, as well as impose, modify or exclude the accessory penalties, joint or security measures.

c) When the Upper Chamber of Criminal Appeal set aside the acquittal and convicted the defendant, the parties may file the appeal, which will be knowledge of the Criminal Chamber of the Supreme Court under the rules of this title.

4. La sentencia de segunda instancia se pronunciará siempre en audiencia pública. Para estos efectos se notificará a las partes la fecha de la audiencia. El acto se llevará a cabo con las partes que asistan. No será posible aplazarla bajo ninguna circunstancia.

5. Contra la sentencia de segunda instancia solo procede el pedido de aclaración o corrección y recurso de casación, siempre que se cumplan los requisitos establecidos para su admisión.

6. Leída y notificada la sentencia de segunda instancia, luego de vencerse el plazo para intentar recurrirla, el expediente será remitido al Juez que corresponde ejecutarla conforme a lo dispuesto en este Código.

*Artículo modificado por los siguientes dispositivos:

1. DL 1307, publicado el 30 de diciembre de 2016.

2. Ley 31592, publicada el 26 de octubre de 2022.

Article 426. Annulment of the judgment

1. In the case of subparagraph a) of paragraph (3) of the preceding article, shall not intervene judges who knew of the judgment void.

2. If the new trial is ordered as a result of an appeal in favor of the defendant, it may not be applied to a sentence higher than that imposed in the first.

SECTION V: THE APPEAL

Article 427. Source

1. El recurso de casación procede contra las sentencias definitivas, la denegación de autos de sobreseimiento, y los autos que pongan fin al procedimiento, extingan la acción penal o la pena o denieguen la extinción, conmutación, reserva o suspensión de la pena, expedidos en apelación por las Salas Penales Superiores.(*)

2. The origin of the appeal, in the cases listed in paragraph 1) is subject to the following limitations:

(a) Si se trata de autos que pongan fin al proceso, cuando el delito imputado más grave tenga señalado en la Ley, en su extremo mínimo, una pena privativa de libertad efectiva o mayor de seis años.

(b) Si se trata de sentencias, cuando el delito más grave a que se refiere la acusación escrita del Fiscal tenga señalado en la Ley, en su extremo mínimo, una pena privativa de libertad efectiva o mayor de seis años.

c) If it comes to sentences imposed a security measure, when this is the hospital stay.

3. If the objection relates to the liability, when the fixed amount in the judgment of first or second instance is greater than fifty Units of a Reference Procedure or when the object of restitution cannot be valued economically.

4. Exceptionally, it will be from the cassation in cases other than those mentioned above, when the Criminal Chamber of the Supreme Court, in its discretion, deems necessary for the development of the jurisprudence.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 428. Dismissal

1. The Criminal Chamber of the Supreme Court shall declare the inadmissibility of the appeal when:

(a) requirements are not met and grounds provided for in articles 405° and 429°;

(b) it has brought for reasons other than those listed in the Code;

c) refers to resolutions not contested on appeal; and,

d) the appellant had consented to previously, the adverse determination of first instance, if it is confirmed by the resolution subject of the appeal; or, if you invoke violations of the Law that have not been deduced on the basis of your appeal.

2. Also declare the inadmissibility of the appeal when:

(a) lacks manifestly unfounded;

(b) have been dismissed in the background other resources substantially equal, and the appellant does not give enough arguments to modify the criteria or jurisprudence already established.

3. En estos casos la inadmisibilidad del recurso podrá afectar a todos los motivos aducidos o referirse solamente a alguno de ellos.

Article 429. Causal

Following are grounds for lodging an appeal in cassation:

1. If the judgment or order has been issued with non-compliance of some of the constitutional guarantees of procedural or material, or with an improper or erroneous application of such warranties.

2. Si la sentencia o auto incurre o deriva de una inobservancia de las normas legales de carácter procesal.(*)

3. If the judgment or self-care an improper application, a wrong interpretation or a lack of application of the criminal Law or other legal regulations necessary for its implementation.

4. Si la sentencia o auto ha sido expedido con falta o manifiesta ilogicidad de la motivación, cuando el vicio resulte de su propio tenor o se ha pronunciado en contraposición de lo resuelto en casos similares, siempre y cuando favorezca al reo.(*)

5. If the judgment or order departs from the jurisprudence established by the Supreme Court or, in his case, by the Constitutional Court.

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 430. Lodging and admission

1. El recurso de casación, sin perjuicio de lo dispuesto en el artículo 405, debe indicar separadamente cada causal invocada. Asimismo, citará concretamente los preceptos legales que considere erróneamente aplicados o inobservados, precisará el fundamento o los fundamentos doctrinales y legales que sustenten su pretensión, y expresará específicamente cuál es la aplicación que pretende. Excepcionalmente, se admite a trámite sin exigir los requisitos de procedibilidad, en el extremo de sentencias con pena privativa de libertad efectiva.(*)

2. Appealed to the supreme court, the Criminal Upper will only be able to declare inadmissible in cases provided for in article 405°, or when you invoke causal different from those listed in the Code.

3. If you invoke the numeral 4) of article 427°, without prejudice to noted and justified the causal appropriate, in accordance with article 429°, the appellant must provide additional and timely manner the reasons that justify the development of the jurisprudence that aims to. In this course, the Criminal Chamber Top, for the granting of the appeal, without prejudice to the provisions in the above paragraph, shall confirm the existence of the rationale for the specific required in these cases.

4. If the Criminal Chamber Upper granted remedy, shall be notified to all the parties and they will summon to appear before the Criminal Chamber of the Supreme Court and, if the cause comes from a Judicial District other than Lima, set a new address for service within the tenth day following the day of the notification.

5. Raised the record to the Criminal Chamber of the Supreme Court, shall be served in the resort to the other parties for the term of ten days, always that previously shall have been met before the Criminal Chamber Top with the provisions of the above paragraph. If, pursuant to the provisions of the above paragraph, is not noted new home court proceedings, you will need the offender by notified on the same date of the issuance of the resolutions that are dictated by the Criminal Chamber of Supreme.

6. Acto seguido y sin trámite alguno, mediante auto, decidirá conforme al artículo 428 si el recurso está bien concedido y si procede conocer el fondo del mismo. Esta resolución se expedirá dentro del plazo de veinte días. Bastan tres votos para decidir si procede conocer el fondo del asunto. Si se trata de sentencias con pena privativa de libertad efectiva que se justifican en cualquiera de las causales del artículo 429, el recurso procede sin someterse a votación”.(*)

(*) Artículo modificado por la Ley N.° 32130, publicada el 10 de octubre de 2024 (link: https://esford.pe/wp-content/uploads/2024/10/LEY-No-32130.pdf).

Article 431. Preparation and Hearing

1. Granted the appeal, the record shall be ten days in the Secretariat of the Room so that interested parties can review it and submit, if deemed advisable, allegations ampliatorios.

2. The expiry of the deadline shall be the date and time for the hearing of cassation, with citation of the parties apersonadas. The hearing will be installed with the concurrence of the parties they attend. In any case, the failure to appear is unjustifiable to the Prosecutor, in case the appeal has been filed by the Public prosecutor, or the attorney of the appellant, it will result to be declared inadmissible the appeal.

3. Installed the audience, first speak to the attorney of the appellant. If there are multiple, recurrent, it will follow the order laid down in paragraph (5) of article 424°, after which it shall inform the parties ' lawyers appealed. If you attend the accused, you are given the word in the end.

4. At the end of the hearing, the board shall, as appropriate, pursuant to sections (1) and (4) of article 425°. The ruling shall be issued within twenty days. The appeal is resolved with four votes agreeable.

Article 432. Competition

1. The resource attributes to the Criminal Chamber of the Supreme Court, the knowledge of the process only in terms of the grounds of appeal expressly invoked by the appellant, without prejudice to the issues that are declarable office in any state and degree of the process.

2. The competence of the Criminal Chamber of the Supreme Court is to be exercised on legal errors which contains the decision appealed from. Is subject absolutely to the facts legally proven and established in the judgment or order appealed from.

3. The legal errors of the judgment under appeal, that does not influyeren in its operative part do not cause invalidity. The Room should be correct in the sentence casatoria.

Article 433. Content of the sentence casatoria and Full Casatorio

1. If the judgment of the Criminal Chamber of the Supreme Court declares founded the resource, in addition to declaring the nullity of the judgment or order appealed from, you can decide by themselves the case, in both it is not necessary a new discussion, or to order the forwarding process. The judgment shall be notified to all the parties, including the non-recurring items.

2. If you opt for the cancellation without forwarding in the same sentence will be pronounced on the bottom dictating the failure that you need to replace the course. If you choose the cancellation forwarded, tell the Judge or Room high Criminal jurisdiction and the procedural act which is to be renewed. The court received the car, proceed in accordance with the resolutions by the Criminal Chamber of Supreme.

3. In any case, the board ex officio or at the request of the Public prosecutor may decide, in view of the nature of the subject matter of the decision, that I resolved to constitute jurisprudence binding to the criminal courts are different to one's own Supreme Court, which will remain until another decision expresses the change. If there is another Criminal court or it integrates with other Vowels, without prejudice to resolve the appeal, at his instance, will be convened immediately to the Full Casatorio of the members of the Criminal court of the Supreme Court for the decision, which will be adopted by an absolute majority. In this last course is not required the intervention of the parties, or the resolution is issued, it will affect the decision in the case that motivates it. The resolution declaring the doctrine case law will be published in the official journal.

4. If you notice that another Criminal court Supreme or other members of the Criminal in their decisions hold criteria differing on the interpretation or application of a particular standard, ex officio or at the request of the Public prosecutor or the Ombudsman's office, in relation to the areas referred to its attribution constitutional necessarily meet the Full Casatorio of the members of the Criminal court of the Supreme Court. In this case, prior to the decision of the Plenary, announced that the issue that motivates you, it will be stated day and time for the hearing of the cause, with citation of the Public Ministry and, in his case, of the office of the Ombudsman. Governed, as appropriate, to the provisions of the above paragraph.

Article 434. Effects of cancellation

1. The cancellation of the self or judgment appealed from may be total or partial.

2. If you have not cancelled all the provisions of the judgment is contested, it will have value of res judicata in the parts that have no essential link with the party cancelled. The Criminal Chamber of the Supreme Court shall pronounce in the operative part of the judgment casatoria, when this is necessary, what parts of the judgment contested acquire enforceable.

Article 435. Freedom of the accused

When the effect of the appeal of the car or judgment appealed from should cease the detention of the defendant, the Criminal Chamber of the Supreme Court will order directly for freedom. Likewise shall, in respect of other measures of coercion.

Article 436. Denial of resources

1. The sentence casatoria may not be any recourse, without prejudice to the action of review of the judgment of conviction under this Code.

2. It will also not be susceptible to challenge the judgment that dictare in the judgment of forwarding by the causal host in the sentence casatoria. Yes it is, if it relates to other grounds different from those adjudicated by the judgment casatoria.

SECTION VI: THE COMPLAINT

Article 437. Origin and effects

1. Applicable complaint of law against the decision of the Judge who declares inadmissible the appeal.

2. Also applicable complaint of right, against the decision of the Criminal Chamber Top that declares inadmissible the appeal.

3. The complaint of right to be brought before the higher court which denied the appeal.

4. The lodging of an appeal does not suspend the processing of the primary, nor the effectiveness of the resolution of denial.

Article 438. Pending

1. In the complaint shall specify the reason for its interposition with the invocation of the rule of law infringed. You will accompany the writing that led to the decision appealed from and, in his case, those relating to its processing; the decision appealed from; the writing in which it is used; and, the decision to refuse.

2. Governed by the provisions of the last two paragraphs of article 403° of the Code of Civil Procedure.

3. Filed the appeal, the competent court shall decide, without any red tape, its admissibility and, in your case, your fundabilidad. To decide, you can request the court inferior copy of any procedural action. This requirement may be made by fax or by other suitable means.

4. If you declare founded the complaint, is granted the appeal and ordered the trial Judge to send the file, or run the appropriate, without prejudice to the notification to the parties.

5. If it is declared unfounded the complaint, communicates the decision to the Public Ministry and the other parties to the proceedings.

SECTION VII: THE ACTION OF REVIEW

Article 439. Source

The review of the condemnatory judgments applicable, without limitation temporary and only in favor of the convicted person, in the following cases:

1. When after a judgment will be given another that imposes a penalty or security measure for the same offence to a person other than the person from whom it was first enacted, and not being able to reconciled both of these statements, resulting from its contradiction the proof of the innocence of one of the damned.

2. When the sentence was pronounced against another precedent that has the quality of res judicata.

3. If it is shown that a test item, regarded as decisive in the sentence, it lacks probative value that will be assigned by falsehood, disability, tampering, or counterfeiting.

4. If, subsequent to the judgment facts or evidence, it is not known during the process, which alone or in connection with the evidence previously appreciated to be able to establish the innocence of the convicted person.

5. When it is demonstrated, using firm decision, that the sentence was determined exclusively by a crime committed by the Judge or serious threat to your person or family, provided they are not in fact involved the condemned.

6. When the standard, which sustained the verdict had been declared unconstitutional by the Constitutional Court or unenforceable in a particular case by the Supreme Court.

Article 440. Legitimation

1. The action of review may be promoted by the Prosecutor of the Supreme Criminal and by the convicted person.

2. If the convicted person is unable to, you will be promoted by your legal representative; and, if he had died or was unable to do so, by his spouse, ascendants, descendants or siblings, in that order.

Article 441. Content of the application

1. The application for revision shall be submitted to the Criminal Chamber of the Supreme Court. Must contain the following:

(a) The accurate determination of the sentence whose review is demand, with indication of the court which gave the judgment;

(b) The causal invoked and the specific reference and full of the facts on which it is based, as well as the relevant statutory provisions.

c) The compensation is intended, with a precise indication of his amount. This requirement is potestativo.

2. Will be accompanied by a copy of the judgments issued in the review process is demand. Also, be accompanied by documentary evidence if the case permits, or the indication of the file where can be found the same.

3. When the demonstration of the causal review does not arise out of a judgment of a court irrevocable, the appellant must indicate all the means of evidence attesting to the truth of his assertions.

4. The Criminal Chamber of the Supreme Court may grant a term to the complainant to complete the remaining requirements.

Article 442. Effects

The submission of the application for review does not suspend the enforcement of the judgment. However, at any point in the proceedings, the board may suspend the execution of the judgment contested and dispose of the case, the freedom of the accused, even applying, if necessary, a measure of coercion alternative.

Article 443. Pending

1. Filed claim with their collections, the board shall examine whether it meets the requirements of the preceding articles. If the demand inadmitida, the decision will be made by order issued by unanimity.

2. If you support the demand, the Room will give knowledge of the complaint to the Prosecutor or the convicted person, as the case may be. Also, request the record of the review is concerned and, if applicable, documentary evidence pointed out by the plaintiff.

3. In like manner, it shall, if necessary, the reception of the evidence offered by the plaintiff, by the other party and that it considers useful for the investigation of the truth. These actions raise the corresponding record, and as a result the Room to designate one of the members for their performance.

4. The conclusion of the performance of probation, not to exceed thirty days, the board shall appoint a date for the Hearing of Review, which is summoned to the Prosecutor and the defender of the convicted person, his representative or the nearest relative. The absence of the plaintiff shall determine the declaration of inadmissibility of the claim.

5. Installed the hearing review, we give account of the demand review and test performed. Thereupon, shall report orally, the Prosecutor and the lawyer of the convicted person, his representative or the nearest relative. If the accused person to attend the hearing will make use of the word in the last place. The conclusion of the hearing, the board will issue judgment in a public hearing within twenty days. Governed by the provisions of paragraph (4) of article 425°.

Article 444. Judgment

1. If the Room is established the causal invoked, declared without a value judgment reason for the objection and sent to a new trial when the case requires it, or deliver directly to the acquittal.

2. If the judgment provides for a new trial, it will be processed in accordance with the respective rules. The offer of proof, and the sentence may not be based on a new appreciation of the same facts of the process, with independence of the causes became acceptable to the review.

3. If the sentence is absolution, they shall order the restitution of payments made by concept of repair and a fine, as well as —requested— the appropriate compensation for judicial error.

4. The judgment shall be notified to all parties to the process of originating.

Article 445. Renewal of the demand

The denial of review, or the subsequent sentence confirmatory of the foregoing, does not prevent a new application for revision, provided that melts on other facts or evidence.

BOOK FIFTH
SPECIAL PROCESSES

SECTION I: THE PROCESS IMMEDIATELY

Article 446. Assumptions of application*

1. The prosecutor must apply to the initiation of the immediate process, under the responsibility, when any of the following assumptions:

(a) The accused has been caught and arrested in flagrante delicto, in either of the cases of article 259;

(b) The accused has confessed to the commission of the crime, in terms of section 160; or

c) The evidence accumulated during the proceedings preliminary and the preliminary interrogation of the accused, be obvious.

d) When you receive the competent court certified copies of the pieces procedural relevant to accuse the debtor food by the commission of the crime of omission of provision of food referred to in article 149 of the Penal Code, Legislative Decree 635.

2. Excluded cases in which, because of its complexity, in accordance with the provisions of paragraph 3 of article 342, are necessary to further acts of investigation.

3. If this is a cause followed against several defendants, it is only possible to the immediate process if all of them are located in one of the situations referred to in the above paragraph, and are involved in the same crime. - Related crime involving other defendants did not accumulate, except that it would be detrimental to the due clarification of the facts or the accumulation is essential.

4. Regardless of what is indicated in the items above, the prosecutor shall also apply to the initiation of the process immediately for the crime of driving while intoxicated or drug addiction, without prejudice to what is stated in paragraph 3 of article 447 of the present Code.

* Artículo modificado por los siguientes dispositivos:

1. DL 1194, publicado el 30 de agosto de 2015.

2. Ley 31960, publicada el 18 de diciembre de 2023.

Article 447. Unique audience of proceedings immediately in cases of flagrante delicto criminal*

1. At the end of the period of police detention set out in article 264, the Prosecutor must apply to the Judge of the investigation preparatory to the initiation of the process immediately. The Judge, within forty-eight (48) hours following the requirement of the prosecutor, made a unique audience of proceedings to determine the origin of the immediate process. The detention of the accused is maintained until the completion of the hearing.

2. Within the same requirement of initiation, the Attorney must accompany the record of the fiscal and communicate if you require the imposition of a coercive measure, to ensure the presence of the accused in the development of the entire process right away. The requirement of commencement must contain, in what is relevant, the requirements laid down in paragraph 2 of article 336.

3. At the aforementioned hearing, the parties may encourage the application of the principle of opportunity, of an agreement reparatorio or early termination, as appropriate.

4. The unique audience of initiation of the immediate process is a matter of urgency. Governed by the provisions of article 85. The judge, in front of a requirement attorney initiation of the immediate process, it is pronounced orally in the following order, as the case may be:

to. On the origin of the initiation of the process immediately.

b. On the origin of the constitution of the parties to the proceedings, if it were the case.

c. On the origin of the principle of opportunity, of an agreement reparatorio or the early termination requested by the parties.

d. On the origin of the coercive measure required by the prosecutor.

5. The car that meets the requirement of immediate process should be pronounced, so urgent, in the same hearing proceedings.

The decision is appealable to effect restitution, the appeal and based on the same act. It is not necessary to its written form. The procedure to be followed shall be that provided for in subsection 2 of article 278.

6. Pronounced the decision that has the opening of the immediate process, the Prosecutor proceeds to formulate charge within a period of twenty-four (24) hours, under the responsibility. Receipt of the request prosecutor, the Judge of the Preparatory Research, in the day, refers to a Criminal court of competent jurisdiction, to teach cumulatively the car of prosecution and citation to trial, pursuant to the provisions of paragraph 3 of article 448.

7. Front of the car that rejects the initiation of the immediate process, the Prosecutor issues the Provision that corresponds to or execution of the Preparatory Research.

For cases falling under paragraphs (b) and (c) of paragraph 1 of article 446, governs the procedure described above in the appropriate box. Only in these cases, the request is then presented to the completion of the proceedings preliminary or, in his absence, before the thirty (30) days of formalized Research High school.

*Artículo modificado por los siguientes dispositivos:

1. DL 1194, publicado el 30 de agosto de 2015.

2. DL 1307, publicado el 30 de diciembre de 2016.

3. DL 1605, publicado el 21 de diciembre de 2023.

Article 448. Unique audience of trial Immediately*

1. Received the car that initiated the process immediately. The criminal Judge competent the unique audience of judgment immediately in the day. In any case, your implementation should not exceed seventy-two (72) hours from receipt, under the functional responsibility.

2. The unique audience of judgment is immediately oral, public, and non-deferrable. Governed by the provisions of article 85. The parties are responsible for the preparation and convening of its organs test, ensuring its presence in the Audience.

3. Installed the Hearing, the prosecutor exposes summary of the facts is the object of the prosecution, the legal qualification and testing that will provide for their admission, in accordance with the provisions of article 349. If the Criminal court Judge determines that the formal defects of the indictment require a new analysis, has his relief at the same hearing. Thereupon, the parties may raise any of the issues referred to in article 350, in the appropriate box.

4. The car that declares founded the dismissal or a technical means of defence, is appealable to effect restitution, the appeal will be heard and be based on the same act. Governed by the provisions of article 410.

5. The Judge should encourage the parties to the convention of evidence. Fulfilled the requirements of validity of the indictment, in accordance with paragraph 1 of article 350; and resolved the issues raised, the Criminal Judge dictates cumulatively the car procedure, and summons to trial, immediate and oral.

6. The trial is carried out in continuous session, uninterrupted until its conclusion. The Criminal court Judge, and that you install the trial may not know of the other, to finish the already started. In matters not provided for in this Section, we apply the rules of the common process, in both compatible with the nature célere the process immediately.

* Artículo modificado por los siguientes dispositivos:

1. DL 1194, publicado el 30 de agosto de 2015 (link: bit.ly/458YwZm).

2. DL 1307, publicado el 30 de diciembre de 2016.

SECTION II: THE PROCESS BY REASON OF THE PUBLIC FUNCTION

TITLE I: THE PROCESS FOR CRIMES OF A FUNCTION ATTRIBUTED TO HIGH PUBLIC OFFICIALS

Article 449. Applicable provisions

The criminal proceedings against senior public officials specifically designated in article 99 of the Constitution for the crimes they commit in the exercise of its functions and up to five years after it is terminated, shall be governed by the rules of the common process, except as set forth in this Title.

Article 450. Specific rules for the initiation of the criminal process*

1. La incoación de un proceso penal, en los supuestos del artículo anterior, requiere la previa interposición de una denuncia constitucional, en las condiciones establecidas por el Reglamento del Congreso y la Ley, por el Fiscal de la Nación, el agraviado por el delito o por los Congresistas; y, en especial, como consecuencia del procedimiento parlamentario, la resolución acusatoria de contenido penal aprobada por el Congreso.

2. El Fiscal de la Nación, en el plazo de cinco días de recibida la resolución acusatoria de contenido penal y los recaudos correspondientes, emitirá la correspondiente Disposición, mediante la cual formalizará la Investigación Preparatoria, se dirigirá a la Sala Penal de la Corte Suprema a fin de que nombre, entre sus miembros, al Vocal Supremo que actuará como Juez de la Investigación Preparatoria y a los integrantes de la Sala Penal Especial que se encargará del Juzgamiento, y designará a los Fiscales Supremos que conocerán de las etapas de Investigación Preparatoria y de Enjuiciamiento.

3. El Vocal Supremo de la Investigación Preparatoria, con los actuados remitidos por la Fiscalía de la Nación, dictará, en igual plazo, auto motivado aprobando la formalización de la Investigación Preparatoria, con citación del Fiscal Supremo encargado y del imputado. La Disposición del Fiscal de la Nación y el auto del Vocal Supremo de la Investigación Preparatoria respetarán los hechos atribuidos al funcionario y la tipificación señalada en la resolución del Congreso.

4. Notificado el auto aprobatorio del Vocal Supremo de la Investigación Preparatoria, el Fiscal Supremo designado asumirá la dirección de la investigación, disponiendo las diligencias que deban actuarse, sin perjuicio de solicitar al Vocal Supremo las medidas de coerción que correspondan y los demás actos que requieran intervención jurisdiccional.

5. El cuestionamiento de la naturaleza delictiva de los hechos imputados o del cumplimiento de los requisitos de procedibilidad, así como lo relativo a la extinción de la acción penal podrá deducirse luego de formalizada y aprobada la continuación de la Investigación Preparatoria, mediante los medios de defensa técnicos previstos en este Código.

6. La necesidad de ampliar el objeto de la investigación por nuevos hechos delictivos cometidos por el Alto Funcionario en el ejercicio de sus funciones públicas, requiere resolución acusatoria del Congreso, a cuyo efecto el Fiscal de la Investigación Preparatoria se dirigirá al Fiscal de la Nación para que formule la denuncia constitucional respectiva. Si de la investigación se advierte que la tipificación de los hechos es diferente a la señalada en la resolución acusatoria del Congreso, el Fiscal emitirá una Disposición al respecto y requerirá al Vocal de la Investigación Preparatoria que emita la resolución aprobatoria correspondiente, quien se pronunciará previa audiencia con la concurrencia de las partes. En este caso no se requiere la intervención del Congreso.

7. Contra las decisiones emitidas por el Juzgado Supremo de Investigación Preparatoria y la Sala Penal Especial Suprema procede recurso de apelación, que conocerá la Sala Suprema que prevé la Ley Orgánica del Poder Judicial. Contra la resolución de vista no procede recurso alguno.

8. El auto de sobreseimiento o el que ampara una excepción u otro medio de defensa que enerve la pretensión acusatoria, así como la sentencia absolutoria, en tanto adquieran firmeza, devuelve al procesado sus derechos políticos, sin que sea necesario acuerdo del Congreso de la República en este sentido.

9. El plazo que se refiere al artículo 99 de la Constitución no interrumpe ni suspende la prescripción de la acción penal de conformidad con el artículo 84 del Código Penal.

10. Vencido el plazo de cinco años, previsto en el artículo 99 de la Constitución, siempre que no se haya incoado el proceso penal, el ex alto funcionario público estará sometido a las reglas del proceso penal común.

* Artículo modificado por la Ley 31308, publicada el 24 de julio de 2021.

Article 451. Conversion of the common procedure and accumulation

1. If in the course of a criminal prosecution common, it is determined that one of the defendants is subject to article 99° of the Constitution, the trial Judge, ex officio or at the request of the Public prosecutor or of another subject in the proceedings, after a hearing with the intervention of the same, shall send a copy of the action taken to the office of the Attorney general to proceed to the formulation of the constitutional complaint; or if the public Prosecutor of the Nation is not in accordance with the decision of the court shall request the intervention of the Criminal Chamber of the Supreme Court for decision. The Room shall decide, by resolution inimpugnable and after a hearing with the assistance of the parties.

2. When the failure is attributed to several suspects and only one of them should be subject to parliamentary procedure of accusation constitutional, the cause must be split so that it may continue in the ordinary courts against those who do not proceed with this procedure. It shall transmit a certified copy of the action taken to the Prosecutor of the Nation against the other, to proceed as provided in the above paragraph. If the Congress issued the resolution processes, the causes shall accumulate and shall be dealt with according to the special rules set forth in this Title.

TITLE II: THE PROCESS BY COMMON CRIMES ATTRIBUTED TO MEMBERS OF CONGRESS AND OTHER SENIOR OFFICIALS

Article 452. Scope*

1. Processing by the commission of common crimes imputed to Congressmen of the Republic, the Ombudsman and members of the Constitutional Court in the exercise of their mandate in the competence of the Supreme Court of Justice of the Republic and is governed by the rules of the common process, as well as by the provisions of this Title.

2. The processing of the officials mentioned in the above paragraph for the commission of common crimes before assuming the office shall be jurisdiction of the criminal court of ordinary, according to the rules of the common process.

* Artículo modificado por la Ley 31308, publicada el 24 de julio de 2021.

Article 453. Rules of the process*

1. The investigation and trial, in the cases of paragraph 1 of the preceding article, are in charge of the Supreme prosecutors ' Office and the Supreme Court of Justice, respectively.

2. Before the provision of formalization of the preparatory research, or other tax requirements at the level of due diligence preliminary, the Criminal Chamber of the Supreme Court shall designate from among its members, to the Supreme Judge of Preparatory Research and the members of the Special Criminal court Supreme, who is in charge of the prosecution; and, the public Prosecutor of the Nation will do the same with respect to the Fiscal Supreme will know the stages of preparatory research and prosecution.

3. Against the decisions issued by the Court Supreme of Preparatory Research and the Special Criminal court Supreme applicable appeal, knowing the Hall of Supreme that provides for the Organic Law of the Judiciary. Against the resolutions of view is not appropriate recourse.

* Artículo modificado por la Ley 31308, publicada el 24 de julio de 2021.

TITLE III: THE PROCESS FOR CRIMES OF A FUNCTION ATTRIBUTED TO OTHER PUBLIC OFFICIALS

Article 454. Scope*

1. The crimes in the exercise of their functions attributed to Judges and Prosecutors Superior, to the members of the Supreme Council of Military Justice, the Prosecutor general Public, and to all the judges in the Judiciary and the Public Ministry, require that the Prosecutor of the Nation, after preliminary inquiry, issued a Provision to decide upon the exercise of the criminal action and ordered the Prosecutor respective formalization of the Preparatory Research question. This provision does not apply to Judges and Prosecutors, Supreme, without prejudice of the established in the article 99 of the Constitution of Peru.

2. La Disposición del Fiscal de la Nación no será necesaria cuando el funcionario ha sido sorprendido en flagrante delito, el mismo que en el plazo de cuarenta y ocho (48) horas será conducido al despacho del Fiscal Supremo o del Fiscal Superior correspondiente, según los casos, para la formalización de la investigación preparatoria. Tampoco será necesaria cuando el funcionario mencionado en el inciso 1 sea investigado por la comisión del delito de organización criminal, tipificado en el artículo 317 del Código Penal, o cuando la investigación se realice bajo los alcances de la Ley 30077, Ley contra el Crimen Organizado. En estos casos, las diligencias preliminares y la investigación preparatoria serán realizadas directamente por la Fiscalía Penal Especializada correspondiente.

3. Corresponde a un Fiscal Supremo y a la Corte Suprema el conocimiento de los delitos de función atribuidos a los miembros del Consejo Supremo de Justicia Militar, a los Jueces y Fiscales Superiores y al Procurador Público, así como a otros funcionarios que señale la Ley. En estos casos la Sala Penal de la Corte Suprema designará, entre sus miembros, al Juez para la Investigación Preparatoria y a la Sala Penal Especial, que se encargará del Juzgamiento y del conocimiento del recurso de apelación contra las decisiones emitidas por el primero; y, el Fiscal de la Nación hará lo propio respecto a los Fiscales Supremos que conocerán de las etapas de investigación preparatoria y de enjuiciamiento. Contra la sentencia emitida por la Sala Penal Especial Suprema procede recurso de apelación, que conocerá la Sala Suprema que prevé la Ley Orgánica del Poder Judicial. Contra la sentencia de vista no procede recurso alguno.

4. Corresponds to a Fiscal Superior, and the Superior Court of competent knowledge of the crimes of the function attributed to the Judge of First Instance, the Judge of the Peace Lawyer, to the Provincial Prosecutor and the Deputy Prosecutor of the Provincial, as well as other officials point to the Law. In these cases the Chair of the Superior Court shall appoint from among the members of the Criminal jurisdiction, the Judge for the Preparatory Research and the Special Criminal court, which is in charge of the Prosecution and of the knowledge of the appeal against the decisions issued by the first; and, the Prosecutor Upper Dean will do the same in respect of Senior Prosecutors who will learn about the stages of preparatory research and prosecution. Against the sentence issued by the Special Criminal court Superior applicable appeal, knowing the Criminal Chamber of the Supreme Court. Against this last statement is not appropriate recourse.

* Artículo modificado por los siguientes dispositivos:

1. Ley 31166, publicada el 14 de abril de 2021.

2. Ley 31308, publicada el 24 de julio de 2021.

3. DL 1605, publicado el 21 de diciembre de 2023. El artículo 2 de este DL solo modificó el numeral 2 del artículo 454.

Article 455. Applicable provisions

The criminal proceedings in such cases shall be governed by the rules of the common process, with the exceptions provided for in the preceding article.

SECTION III: THE PROCESS OF SECURITY

Article 456. Establishment of the safety process

1. When the Prosecutor, after having issued the decision provided for in article 75°, or when at the end of the Preparatory Research considers that belongs only to impose on the defendant a safety measure, and that are applicable to the provisions of Title IV of Book I of the Penal Code, according to the state of the cause will be the investigation proceedings or critical, if it considers that they have fulfilled their object will require the opening of oral proceedings and shall make the corresponding request of the imposition of security measures, by applying the relevant provisions for the prosecution attorney with the precise indication of the extent of security that is requesting.

2. If the accused is indicted with the other defendants, is desacumulará the end of the charges against him, incoándose a cause independent.

Article 457. Special rules

1. For the process of apply security provisions on the common process, without prejudice to the special rules set forth in this section.

2. When the person is in the situation provided for in article 20°.2 of the Criminal Code, then proceed in accordance with article 75°, its powers shall be exercised by the curator or person designated by the Judge of the Preparatory Research, with whom we will understand all the performances, except the acts of a personal nature.

3. In this case, if it were impossible for his compliance, not questioning the accused.

4. The Judge of the Preparatory Research may also reject the request for the imposition of security measures formulated by the Prosecutor, if he considers that corresponds to the application of a penalty. Against this resolution comes, and the appeal with suspensive effect.

5. The process of security may not be cumulated with a common process.

6. The trial will be performed to the exclusion of the public. In the same way, can also be carried out without the presence of the defendant if it were impossible by reason of their state of health or for reasons of order or of safety. In the trial will be represented by its curator.

7. If this is not possible the presence of the accused in the act, oral, prior to the conduct of the trial will be available in the interrogation of the accused, with the intervention and guidance of an expert. This action will only be possible if allowed by the condition of the accused person to the judgment of the expert.

8. When you can't be counted with the presence of the accused, you will be able to read his previous statements, as well as the provision in the above paragraph.

9. It is imperative that the act of oral questions to the expert which issued the opinion on the state of mental health of the defendant, without prejudice to the availability, if applicable, the extension of this opinion by the same or another expert.

10. The judgment will be on the acquittal or on the application of a security measure.

Article 458. Transformation to the common process and warning

1. If, after the installation of the trial, as a consequence of the debate, the Judge warns that this is not the article 456° and that it is possible to apply a penalty to the accused, the Judge shall issue the resolution of transformation of the process and will advise the accused of the modification of their legal status, giving them the opportunity to defend themselves, without prejudice to the intervention of the parties. In this case it will be suspended the act of oral and restart it before the time limit prescribed in paragraph (3) of article 360°.

2. Govern, similarly, the rules on the prosecution ampliatoria if the Prosecutor is considered to be present to what is established in the above paragraph, as well as the rules on the correlation between indictment and sentencing.

3. If it has been deliberate in the absence of the accused by virtue of the preceding article, should be repeated, those parts of the trial in which the accused was not present.

SECTION IV: PROCESS FOR THE CRIME OF PRIVATE PRACTICE OF CRIMINAL ACTION

Article 459. Complaint

1. In the crimes subject to the private practice of criminal action, the directly offended by the crime shall make complaint, by himself or by his legal representative, appointed with the special powers established by the Code of Civil Procedure before the Court in the Criminal Man.

2. The directly offended by the offense shall be on the complainant particular. The complaint made by you will comply with the requirements set out in article 109°, with accuracy of the identifying data and the domicile of the defendant.

3. The written complaint will be accompanied by copies of the same for each defendant and, in his case, the corresponding power.

Article 460. Control of Admissibility

1. If the Judge considers that the complaint is not clear or is incomplete, it shall provide the complainant particular, within the third day, clarify or correct the omission with respect to the points that point. If the plaintiff fails to do so, it shall issue a resolution giving for not filing the complaint and ordering their permanent archive.

2. Consensual or executory this resolution, it is prohibited to renew complaint on the same punishable act.

3. The Judge, by self especially motivated, you can reject the complaint when it is obvious that the fact is not a crime, or the action is clearly prescribed, or be viewed on punishable acts of public action.

Article 461. Preliminary investigation

1. When you ignore the name or address of the person against whom you want to direct the complaint, or when to describe clear, precise, and circunstanciadamente the offence was imperative to conduct a preliminary investigation, the complainant will ask the Judge in your written grievance to his immediate execution, indicating the relevant measures must be taken. The Criminal court Judge, and, if applicable, will order the National Police in the conduct of research in the terms requested by the complainant, by setting the relevant time limit, with knowledge of the Public Ministry.

2. The National Police referred to the Criminal court Judge, and a Police Report giving account of the results of the preliminary investigation as ordered. The plaintiff, once notified of the reception of the police document, you must complete the complaint within five days of notification. If you do not do so promptly will expire on the right of exercise of the criminal action.

Article 462. Self-citation to trial and hearing

1. If the complaint meets the requirements of Law, the Criminal Judge will issue auto admisorio of the instance, and run transfer to the defendant for the period of five business days, to answer and provide the appropriate test below. Will accompany you to the specified resolution, a copy of the complaint and its precautions.

2. The expiry of the time limit for replying, produced or not the answer will be self-citation to trial. The hearing shall be held within a period of not less than ten days nor more than thirty.

3. Installed the audience will be encouraged to parties, in private session, to reconcile and reach an agreement. If this is not possible the settlement, without prejudice to record in the minutes of the reasons for non-acceptance, it will continue the hearing in public, according to the relevant rules of the trial. The complainant particular shall have the powers and duties of the Public prosecutor, without prejudice to the power to be questioned.

4. The means of defense alleging in the response or in the course of the oral proceedings, will be settled together in the sentence.

5. If the plaintiff unreasonably, do not attend the hearing or absent during its development, it is sobreseerá the cause.

Article 463. Measures of coercion staff

1. May only be made against the defendant as a summons, simple, or restrictive, as the case may be. The restrictions are only imposed if there are reasonable grounds of danger of flight or of hindering the activity of proof.

2. If the defendant, being duly notified, does not attend the oral proceedings or are absent during your development, you will declare reo stubborn and you will have your driving, compulsive, reserving the process until it's been.

Article 464. Abandonment and withdrawal

1. The procedural inactivity for three months, it produces the abandonment of the process, which will be declared ex officio.

2. In any state of the process, the complainant may opt-out or compromise.

3. The one who has given up on a complaint or has abandoned, you may not try it again.

Article 465. Death or incapacity of the plaintiff's 

Dead or incapacitated, the complainant before the end of the oral proceedings, any of his heirs may assume the character of complainant particular, if appear, within thirty days of the death or incapacity.

Article 466. Resources

1. Against the judgment proceeds on appeal. Governing the common rules for the admission and processing of the cited resource.

2. Against the sentence of the Criminal Upper does not come any recourse.

Article 467. Publication or reading of the sentence

In the offences against the honour committed through the oral or written word or the picture by any means of social communication, at the request of the complainant, particularly at the expense of the convicted, may be ordered publication or reading, as the case may be, of the condemnatory judgments.

SECTION V: THE PROCESS OF EARLY TERMINATION

Article 468. Rules of application

The processes may be terminated early, by observing the following rules:

1. At the initiative of the Prosecutor or of the accused, the Judge of the Preparatory Research will have, once issued the Tax Provision of article 336°, and up to pre-made charge tax, but for a one-time, the celebration of an audience of early termination of character private. Your conclusion does not preclude the continuation of the process. Form, in this regard, notebook apart.

2. The Prosecutor and the accused may submit a joint application and a Provisional Agreement on the penalty and the civil remedies and other accessory consequences. Are authorized to hold preparatory meetings informal. In any case, the continuity of the process necessarily requires the non-initial opposition of the accused or the Prosecutor as the case may be.

3. The requirement prosecutor or the application of the defendant, shall be communicated to all the parties for the term of five days, who give their views on the origin of the process of termination and, in his case, to formulate their claims.

4. The audience of early termination will be installed with the compulsory attendance of the Prosecutor and the accused and his defense attorney. It is optional to have the concurrence of the other parties to the proceedings. Thereupon, the Prosecutor will present the charges as a result of the Preparatory Research arising out against the accused and will have the opportunity to accept, in whole or in part, or reject them. The Judge must explain to the defendant the scope and consequences of the agreement, as well as the limitations that represents the possibility of overturn your responsibility. Then, the accused shall rule on the matter, as well as the other parties to the proceedings attendees. The Judge will invite the parties, as a result of the debate to come to an agreement, may suspend the hearing for a short term, but you will continue the same day. It is not allowed the actions of any evidence at the hearing of early termination.

5. If the Prosecutor and the defendant have come to an agreement about the circumstances of the punishable act, penalty, civil remedies and consequences accessory to impose, even the non-imposition of sentence of imprisonment effective under the criminal Law act, so shall declare before the Judge who oversaw record expressly stated in the respective minutes. The court will issue judgment in advance, within forty eight hours from the audience.

6. If the Judge considers that the legal classification of the evidence and the penalty to be imposed, in accordance with what is agreed, are reasonable and do sufficient evidence to convict, shall be in the ruling, the application of the penalty indicated, repair, civil and consequences accessory that correspond stating in its operative part that has been agreed. Governed by the provisions of article 398°.

7. The judgment approval of the agreement can be challenged by the other parties to the proceedings. The other parties to the proceedings, according to its scope of intervention in the proceedings, may challenge the legality of the agreement and, in your case, the amount of the civil redress. In this latter case, the Criminal Chamber can increase the civil redress within the limits of the claim of the complainant.

Article 469. Process with a plurality of offences and the accused

In proceedings plurality of punishable acts, or of defendants, will require the agreement of all the defendants and all charges that kick yourself each and every one. However, the Judge may approve partial agreements if the lack of agreement concerns related crimes and in relationship with the other defendants, except where it would prejudice the investigation or if the accumulation is essential.

Article 470. Statement non-existent

When it is not an agreement is reached or it is not approved, the statement made by the accused in this process will be taken as non-existent and will not be used against you.

Article 471. Additional reduction in cumulative*

The person that makes this process you will receive a benefit of reduction of the penalty of one-sixth part. This benefit is additional and will accrue to the receiving confession, while this is useful and previous to the celebration of the special process.

The accumulation is not applicable when the person has the quality of recidivist, or habitual, in accordance with articles 46-B 46-C of the Penal Code, in which case only receive the benefit corresponding to the early termination.

The reduction of the penalty for early termination not applicable when the accused is being charged with the commission of the crime in condition of a member of a criminal organization, it is linked to, or acting on behalf of it, or for the offence provided for in article 108-B, or by any of the offences covered in the Chapter I: articles 153, 153-A, 153-B, 153-C, 153-D, 153-E, 153-F, 153-G, 153-H, 153-I, 153-J and Chapters IX, X and XI of Title IV of the Second Book of the Penal Code.

* Artículo modificado por los siguientes dispositivos:

1. Ley 30076, publicada el 19 de agosto de 2013.

2. DL 1382, publicado el 28 de agosto de 2018.

3. Ley 30963, publicada el 18 de junio de 2019.

SECTION VI: PROCESS FOR EFFECTIVE COLLABORATION

Article 472. Request*

1. The Prosecutor is empowered to promote or to receive applications of effective collaboration and, in your case, when they raise verbally, to raise the minutes, in order to start the procedure of verification and, if applicable, to sign the Agreement Benefits and Collaboration, with natural or legal person who is or is not subject to a criminal process, as well as with those who have been sentenced, under the collaboration provided by the authorities for the effectiveness of the criminal justice system.

2. The Prosecutor is required to the tax bodies and judicial proceedings, by means of communication reserved, certified copy or information about the charges on the applicant. The required organs, without any red tape, and quietly submitted to the office of the Prosecutor requesting the above mentioned information.

3. The special process of effective collaboration is self-contained and can include information of interest to one or several investigations by other prosecutors. The office of the Attorney general shall issue instructions in relation to the way in which such information should be shared. The judgment of effective collaboration is opposable to all the processes that are listed in the Benefits Agreement and Collaboration.

4. It is necessary that the applicant agrees, or, in any case, it does not contradict with the whole or, at least, one of the charges attributed to him. Don't understand the procedure of effective collaboration, those charges that the applicant or syndicated does not accept, in which case it shall be decided at the preliminary investigation or the criminal proceedings concerned.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 473. Phase corroboration*

1. Upon receipt of the request, the Prosecutor may have the start of the procedure for effective collaboration, ordering the prosecution to corroborate that you consider relevant in order to determine the efficacy of the information provided. In these cases it may require the intervention of the National Police of Peru, to which, under his leadership, perform due diligence to corroborate and to raise a Police Report.

2. Processes, including the preparatory research that is still against the applicant, will continue with their further processing.

3. The Prosecutor may hold meetings with the applicant in the presence of your defense attorney. Also, held a Convention Preparatory, which will require —on the basis of the quality of the information provided and the nature of the charges, or acts of ignorance of so many criminal object of imputation or non-contradiction— the benefits, the obligations and the mechanism of provision of information and their corroboration.

4. The statement of the applicant will be directly received by the Prosecutor of the case in the presence of his lawyer. Will be where you point to the Attorney and shall be recorded in the minutes, as well as an audiovisual medium that is kept until his referral to the Judge along with the other acted out.

5. The applicant is obliged to provide all the relevant information they possess, as well as all the means necessary for their corroboration. Not to do so, or providing false information will affect the viability of the agreement, depending on the importance of the omission or falsehood. When the falsehood is discovered subsequent to the judicial approval of the agreement, the Prosecutor will request its revocation in accordance with the provisions of article 480. In the event that you revoke the agreement, it will continue with the processing of the defendant under the rules of the criminal process, as appropriate.

6. The applicant, for the duration of the process, if any, shall be subjected to the measures of assurance staff necessary to ensure the success of the research, the successful conclusion of the process, and your personal safety. In case it is necessary, and provided that it is not in the scope of its powers, the Prosecutor's going to a Judge of the Preparatory Research requiring you to enact the measures of coercion and of the protection that applies, which will be held privately, and in coordination with the Prosecutor. These measures also apply to the representatives, partners, and members of the legal person, where appropriate.

7. When the measure of assurance staff must fall back on an applicant that is internal in any prison establishment, the Prosecutor must follow the procedure described above before the Judge of the Preparatory Research. When the Judge considers, after the evaluation, you should establish some measure of assurance personnel located within the powers of the National Penitentiary Institute (INPE), telling you to proceed according to their powers. The INPE inform the Judge of the measure adopted.

8. When the applicant has a term of preventive detention, the Judge will be able to alter it at the request of the Prosecutor, by the appropriate; do not apply the rules of ceasing provided to the common process. In this case, the variation is appropriate for reasons of safety or for being a part of the Convention Preparatory and must be provided in minimum investigative actions carried out in the phase of corroboration; the hearing is private and only involved the Prosecutor, the applicant and his counsel.

9. When required, in the proceedings of corroboration and others, the conduct of the applicant from a correctional facility to another place, the Judge of the Preparatory Research, at the request of the Prosecutor, may arrange it by fixing the date of the diligence and communicating within a period of not less than three (3) days of the National Police of Peru and the National Penitentiary Institute for their timely execution. At the end of the due diligence, the internal return to the correctional facility to which it belongs.

10. It is prohibited to corroborate the statement of a job applicant to partner effectively with the statement of other applicants.

11. The term, from the application until the conclusion of the Agreement Benefits and Effective Collaboration, or your refusal will be a maximum of eight (8) months; for justified reasons, the Prosecutor may extend this period by up to four (4) months; in the case of organized crime, the extension will be up by eight (8) months. To meet the deadline, the Prosecutor shall proceed in accordance with the provisions of article 477 of the present code.

12. The Provincial Prosecutor, Superior or Supreme in charge of the investigation, as appropriate, have a duty to protect the secrecy or confidentiality of the entire process of effective collaboration and the content of the statements of the would-be contributors, as well as to safeguard their identities, under the responsibility of the administrative, civil and criminal.

* Article amended by the following devices:

1. Ley 30077, publicada el 20 de agosto de 2013.

2. Ley 30096, publicada el 22 de octubre de 2013.

3. DL 1301, publicado el 30 de diciembre de 2016.

4. Ley 30737, publicada el 12 de marzo de 2018.

5. Ley 31990, publicada el 21 de marzo de 2024.

Article 473-A. Participation of the oppressed*

1. The wronged must be quoted at the end of the phase of verification. If you attend must be told that one of the aspects covered by the procedure is the ongoing crime in his prejudice and, thereupon, you will be asked about the amount of the civil remedies it deems appropriate to your interests. Also, you will be asked if you want to intervene in the proceedings and, in his time, signing the minutes of the Benefits Agreement and Collaboration.

2. The aggrieved person as a subject procedure does not participate in the proceedings of corroboration.

3. The intervention of the aggrieved is circumscribed by the field of civil redress and shall have standing to provide the evidence necessary for its proper estimation if the case may be.

4. The absence of the injured to subpoenas and its discrepancy of the amount of the civil redress fixed in the Agreement shall not prevent the continuation of the procedure or the subscription Agreement. In this case, the aggrieved person has expedited their right to stand in the civil court, in which case he will challenge the Act only at the end of the amount of the civil redress.

* Artículo incorporado por el DL 1301, publicado el 30 de diciembre de 2016.

Article 474. Origin*

1. For the application of the benefit for effective collaboration, the natural person and legal entity must:

(a) Having left voluntarily for their criminal activities;

(b) Admit or not to contradict, free, and expressly, the facts on which it has been involved or is charged. Those facts that are not accepted will not be part of the process for effective collaboration, and will be decided in the criminal proceedings concerned; and,

c) Be submitted to the Prosecutor showing his willingness to provide effective information.

2. The offences that can be the object of the Agreement, are the following:

(a) Unlawful assembly, terrorism, money laundering, computer crimes, against humanity, human trafficking, and hired gunmen.

(b) For all cases of organized crime provided for in the law of the matter.

c) Extortion, embezzlement, corruption, tax crimes, crimes customs against the public faith, and against the order of migration, provided that the offense is committed in concert for the plurality of persons.

d) The crimes prescribed in the articles of 382 401 of the Penal Code and article 1 of the Law 30424, as amended by Legislative Decree 1352, when the partner is a legal person.

3. It will not be an obstacle to the conclusion of the Agreement when you try to contest crime and one of them does not correspond to those prescribed in this article.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 475. Requirements of the effectiveness of the information and benefits premiales*

1. The information provided by the employee must allow, alternatively or cumulatively:

(a) Avoid the continuity, permanence or completion of a crime, or substantially decrease the magnitude or consequences of its execution. Also, prevent or neutralize future actions, or damages that might occur when you are faced with a criminal organization.

(b) To know the circumstances in which it is planned and executed the crime, or the circumstances in which it comes to planning or running.

c) Identify the authors and participants of a crime committed or to be committed or to the members of the criminal organization and its functioning, so that it allows desarticularla or menguarla or stop one or more of its members;

d) Deliver the instruments, effects, profits, and property crime related to the activities of the criminal organization, to find out the whereabouts or fate of the same, or to indicate the sources of funding and provisioning of the criminal organization.

2. The collaborator will be able to obtain the benefit of premial, taking into account the degree of effectiveness or importance of the collaboration in accordance with the entity of the crime and the responsibility for the fact to, the following: exemption from punishment, reduction of the penalty, the suspension of execution of sentence, or remission of punishment for the one who is doing it.

3. The benefit of reduced penalty shall be applied cumulatively with the suspension of the execution of the penalty.

4. In the case that the Benefits Agreement and Collaboration of penalty effective, the convicted may not require the application of the prison benefits provided for in the laws of matter.

5. The exemption and remission of the penalty shall require the partnership to be active and efficient information would allow:

(a) Prevent a crime of special connotation and gravity;

(b) Identify categorically and lead to the arrest of leaders of particular importance in the criminal organization;

c) Discover conclusively substantive aspects of the sources of financing and provisioning of the criminal organization, or of instruments, effects, earnings and assets of a criminal and of recognized importance for the purposes of the organization.

6. The chiefs, leaders or senior leaders of criminal organizations and those who have been involved in crimes that have caused consequences are particularly serious, only be entitled to the benefit of reduction of the penalty or suspension of its execution, provided that your contribution makes it possible to identify members of the organization with the highest hierarchical rank. The Prosecutor to agree on the benefit, you should evaluate the proportionality between the degree of contribution of the employee and their degree of involvement within the criminal and the crime.

7. When the partner is a legal person, taking into account the degree of effectiveness or importance of the partnership, may obtain the benefit of premial the following: exemption of administrative measures, as applicable, as prescribed in article 5 of the Law 30424, as amended by Legislative Decree 1352, decreased below the minimum parameters set, sending the measure to the legal person that is fulfilling and benefits set out in the special rules that regulate it.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 476. The Act of effective collaboration – refusal of the Agreement*

1. The Prosecutor, culminating acts of investigation, if deemed appropriate by the granting of the benefits that correspond to draw up an act with the partner in which will contain:

to. The benefit agreed upon;

b. The facts to which it refers benefit; and,

c. The obligations to which they are subject to the individual benefit.

2. The Prosecutor, if he considers that the information provided does not allow the obtaining of any benefit, not to have been corroborated enough in its fundamental aspects, you deny the realization of the Agreement and shall be applicable in respect of the applicant according to the results of the investigation proceedings, which had ordered to perform. This Provision is not appealable.

3. In cases where it is proved the innocence of the one who was involved by the contributor, the Prosecutor must inform you of your identity, whenever it becomes aware of evidence that knowingly made the imputation false for lawful purposes relevant.

* Artículo modificado por el DL 1301, publicado el 30 de diciembre de 2016.

Article 476-A. Efficacy of the measures of corroboration and its incorporation into other processes*

1. If the information provided by the contributor sheds sufficient evidence of criminal participation of the people suspected for this or other natural or juridical persons, shall be matter —of be the case— the investigation and decision by the Public prosecutor for the purposes of determining the persecution and subsequent punishment of the perpetrators.

2. The Prosecutor decides whether he acted in the folder attorney effective collaboration will be incorporated in whole or in part, to the process or processes involved, having to securing the identity of the affiant.

3. The Prosecutor, in accordance with article 65, to decide whether it has the testimony of the partner trial. If there is a risk to their life, retains its identity. The Judge will assess their declaration of conformity with the provisions of paragraph 2 of article 158.

4. If the Judge approves the Agreement, and the causes where the employee is imputed to be found in the proceedings, pre-trial, the Prosecutor may file the research and, in his case, shall be resolved in the judgment for effective collaboration.

5. If the Judge approves the Settlement and the processes where the employee is imputed to be found in preparatory research, the Prosecutor may not acknowledge the contributor and, in his case, the Judge of the Preparatory Research will be resolved in the judgment for effective collaboration.

6. If the Judge approves the Settlement and the processes where the employee is accused are on trial, the Prosecutor may withdraw the accusation and, in your case, the Criminal court Judge, and one or Referee will be what solved in the sentence for effective collaboration.

7. The judgment of effective cooperation can be enforced against you in any state in the process, before the public prosecutor's offices and courts that are part of the Settlement of Benefits and Effective Collaboration.

* Artículo incorporado por el DL 1301, publicado el 30 de diciembre de 2016. Luego fue modificado por los siguientes dispositivos:

1. Ley 30737, publicada el 12 de marzo de 2018.

2. Ley 31990, publicada el 21 de marzo de 2024.

Article 477. Collaboration during the research phase of the contradictory process*

1. When the process for effective collaboration is referred to facts that are the subject of a criminal process that is at the stage of investigation, or even if there is not research, the Benefits Agreement and Collaboration will be forwarded to the Judge of the Preparatory Research in conjunction with the actuated formed to the effect to the control of legality of the respective order.

2. The Criminal Judge, in the period of five (05) days, by resolution inimpugnable, may make comments to the content of the act and to the granting of benefits. In the same resolution will order the return of the actions of the Prosecutor.

3. Received the original certificate or the complementary, as the case may be, with the proceeds relevant, the Criminal court within the tenth day, held a private audience with the special assistance of those who celebrated the Agreement, in where each one of you for your order, stating the reasons and grounds of the same. The Judge, shall verify that the employee knows the scope of the special process. Of such diligence, it shall issue a certificate which shall state briefly your issue.

4. At the end of the hearing, the Judge within third day shall, as the case may be, a self disapprove of the Settlement or judgment with approbation. Both resolutions are susceptible of appeal, of knowledge of the Criminal Chamber Top. The aggrieved, have expressed their willingness to intervene in the process and is constituted in part, shall be entitled to contest the judgment passing, at the end of the civil redress.

5. If the Judge considers that the Agreement doesn't suffer from infringements of the law, not that it is manifestly unreasonable, or is not apparent lack of effectiveness, it shall approve and impose all obligations that apply to you. The sentence may not exceed the terms of the Agreement. If the approved Agreement consists of the exemption or remission of the penalty, shall so declare, ordering his immediate release and the dropping of the background of the recipient. If it consists in the reduction of the penalty, shall declare the criminal responsibility of the contributor, and will impose the penalty in accordance with the terms of the agreement, without prejudice to the obligations relevant.

6. If the judgment provides for the release of a collaborator detained in a correctional facility, it will be forwarded by the Judge, to the Address of Record Prison or that make their times for the Judicial District where an order for the measure through the most célere.

7. If the agreement is approved, consists of the waiver of the administrative measures, the court shall so declare, with the lifting of the precautionary measures described in article 313-A of the Code of Criminal Procedure. Similarly, we shall proceed in the event the agreement to understand the reduction of such administrative measures.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 478. Collaboration during the other stages of the contradictory process*

1. When the process for effective collaboration starts the process being contradictory in the Criminal Court and before the start of the trial, the Prosecutor —before the formalities of the corresponding check— shall transmit the record with their proceeds to the Criminal Judge, who will be celebrating for the effect of a private audience special.

2. The Criminal Court shall proceed, as appropriate, in accordance with the provisions of the previous article. The resolution rule on the appropriateness of the benefits is subject to appeal, of knowledge of the Criminal Chamber Top.

3. If the collaboration is initiated subsequent to the judgment, the Judge of the Research High school at the request of the Prosecutor, upon the holding of a private hearing in the terms of article 477, may grant the remission of the penalty, the suspension of the execution of the sentence, the conversion of sentence of imprisonment for a fine, the provision of services or the limitation of free days, according to the equivalence laid down in the laws of matter. In case the partner is a legal person, the Judge may grant the remission of the administrative measure imposed or the conversion of any action by a fine. In no case shall such benefits when the measure imposed the disqualification definitive contract with the State or the dissolution. In the same way, you will be able to apply the benefit of the reduction and exemption of paragraphs 1, 3, 4 and 5 of article 105 of the Criminal Code.

4. In the course of the numeral 3, if the Judge rejects the Agreement, the resolution shall state the grounds for its decision. Resolution —auto desaprobatorio or judgment in passing— that dictates the Judge is subject to appeal, of knowledge of the Criminal Chamber Top.

5. To measure the proportionality of the benefits granted, the Judge must take into account the timeliness of the information.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 479. Conditions, Obligations and Control of the benefited*

1. The granting of the benefit premial is conditional on the recipient does not commit a new offence of culpable within ten (10) years of being awarded. Also involves the imposition of one or more obligations, without prejudice to provide that the beneficiary is obliged specially to attend to all of summons derived from the facts of the Collaboration Agreement approved by the court.

2. The obligations are the following:

(a) Report any change of residence;

(b) Exercise a trade, profession or occupation lawful;

c) To repair the damage caused by the crime, except for financial impossibility;

d) Refrain from consuming alcoholic beverages and drugs;

(e) Submit to surveillance by the authorities, or to periodically report to them;

f) Stand when the Judge or the Prosecutor may request;

g) Observe good conduct individual, family and social life;

h) Do not leave the country without prior judicial authorization;

(i) To comply with the obligations referred to in the agreement;

j) Credit your work or study with the competent authorities;

k) Inform and credit by means of a legal instrument or document of an internal nature of the legal person, the condition of the suspension of their social activities and the prohibition of future activities restricted.

3. The obligations will be imposed according to the nature and modalities of the punishable act committed, the circumstances of time, manner and place in which it was committed, the nature of the benefit, and the magnitude of the collaboration provided, as well as according to the personal conditions of the benefit. The obligations will be guaranteed by a surety bond or surety, if the economic possibilities of the partner allowed it.

4. It is the Ministry of Public control of your compliance.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 480. Revocation of benefits*

1. The Provincial Prosecutor, with the proceeds indispensable collected in the preliminary investigation is initiated, it may apply to the Judge who granted the benefit premial the revocation of the same. The Judge will be transfer of the application for the term of five days (05). With your reply or without it, the hearing shall be revocation of benefits with the compulsory attendance of the Prosecutor, to which should be quoted to those who signed the Collaboration Agreement. The inconcurrencia the recipient shall not prevent the continuation of the audience, who must nombrársele a public defender. Heard the position of the Prosecutor and the defender of the benefited, and acted upon the evidence offered, the Judge shall be immediately decided by order duly informed in a period not exceeding three (03) days. Against this resolution comes, and the appeal will know of the Criminal Chamber Top.

2. When the recall refers to the exemption of penalty, once it is firm to the resolution indicated in the above paragraph shall follow the following procedure, without prejudice to the application of the common rules in both do not contradict each other:

(a) Are forwarded to the actuated to the Provincial Prosecutor to make an accusation and ask for the penalty according to the manner and circumstances of commission of the offence and the degree of responsibility of the accused;

(b) The Criminal court Judge, immediately held a public hearing with the assistance of the parties, which will dictate the auto corresponding prosecution, and shall be served to the parties for the term of five (05) days to submit their written arguments, the introduction of claims that apply and provide evidence relevant to the determination of the sanction and the civil remedies;

c) Resolved the admission of the evidence, it will issue the writ of summons to judgment, noting the date and time for the hearing. This will examine the accused and, if that is the case, it will act to the evidence offered and admitted to the determination of the penalty and the civil redress. Prior to oral arguments of the Prosecutor, the Prosecutor and the defense attorney, and to grant the use of the word to the defendant, will be issued a judgment;

d) Against which applicable appeal, knowing the Criminal Chamber Top.

3. When the recall refers to the reduction of the penalty, once it is firm to the resolution specified in paragraph (1) of this article shall follow the following procedure, without prejudice to the application of the common rules in both do not contradict each other:

(a) Are forwarded to the actuated to the Provincial Prosecutor for making the claim of the corresponding conviction, according to the manner and circumstances of the commission of the offence and the degree of responsibility of the accused;

(b) The Criminal court Judge, immediately held a public hearing with the assistance of the parties, prior to transfer to the defense of the requirement for a fiscal order that in the period of five (05) days to make its written arguments, and enter, if applicable, the claims that apply and provide relevant evidence. Resolved the admission of the evidence, will be held the hearing, where they will examine the accused and, if applicable, will be featuring some of the evidence admitted. The judgment will be given prior to oral argument of the Prosecutor and the defense, as well as of the granting of the use of the word to the accused;

c) Against the judgment comes, and the appeal will be knowledge of the Criminal Chamber Top.

4. When the recall refers to the remission of the penalty, once it is firm to the resolution specified in paragraph 1 of this article, the Criminal Judge in the same resolution that provides for the revocation shall order that the defendant meets the end of the sentence referred to.

5. When the recall refers to the suspension of the execution of the sentence, house arrest or a summons shall be governed by the relevant by the criminal law, procedural, or criminal enforcement.

6. In like manner shall you accordingly, when the partner is a legal person.

* Artículo modificado por los siguientes dispositivos:

1. DL 1301, publicado el 30 de diciembre de 2016.

2. Ley 30737, publicada el 12 de marzo de 2018.

Article 481. Merit of the information and of the information obtained when you reject the Agreement*

1. If the partnership Agreement, and benefits is denied by the Prosecutor or disapproved by the Judge, the various statements made by the contributor will be taken as non-existent and will not be used against you.

2. In that same course, the statements made by others during the phase of verification; as well as the documentary evidence, the expert opinion or report and proceedings objective and irreproducible, they will remain valid and will be valued by other processes according to its own merit and to the provisions of article 158. Governed, in any case, the provisions of article 159.

* Artículo modificado por el  DL 1301, publicado el 30 de diciembre de 2016.

Article 481-A. Usefulness of any information on other processes*

1. The evidence collected in the investigation of corroboration may be used to require measures limiting any rights or to take coercive measures in the processes arising out of or related to the special process of effective collaboration.

2. The statement of the applicant to collaborator may also be used for such purposes, in which case you must be securing your identity, safeguarding the information used does not allow your identification. In these cases, should be accompanied by other elements of conviction by the special process for collaboration, to govern the paragraph 2 of article 158.

3. When the requirement is based on a number of statements from applicants to partner effectively, these will be valued only if it is corroborated independently in its own folder Prosecutor of collaboration.

4. When the requirement is grounded in one or more statements of applicants to partner effective or protected witnesses, the Prosecutor shall report only to the Judge about the identity of such persons, in order to avoid double evaluation of the same statement.

* Artículo incorporado el DL 1301, publicado el 30 de diciembre de 2016, y luego modificado por la Ley 31990, publicada el 21 de marzo de 2024.

SECTION VII: THE PROCESS BY FAULTS

Article 482. Competition*

1. [Repealed]

2. Excepcionalmente, en los lugares donde no exista Juez de Paz Letrado, conocerán de este proceso los Jueces de Paz. Las respectivas Cortes Superiores fijarán anualmente los Juzgados de Paz que pueden conocer de  los procesos por faltas.

3. The appeal against the sentences is knowledge of the Criminal Judge.

* Artículo modificado por la Ley 29824, publicada el 3 de enero de 2012.

Article 483. Initiation

1. The person offended by the lack can report his commission before the Police or go directly to the Judge by communicating the fact, becoming a plaintiff in particular.

2. In this last case, if the Judge considers that the fact is missing and the criminal action has not prescribed, provided that it deems essential to a preliminary investigation, the prosecution, he shall forward the complaint and its collections to the Police to conduct appropriate investigations.

3. Received the Police Report, the court will issue the writ of summons to judgment, provided that the acts are missing, the criminal action has not prescribed, and there are reasonable grounds of its commission and of the linkage of the accused in the commission. Otherwise it will render self-archiving the performances. Against this resolution is appropriate to appeal to the Criminal court.

4. The writ of summons to court can agree on the immediate holding of the hearing, just received the Police Report, provided that they are present, the accused and the aggrieved, as well as if they are the other organs of proof relevant to the case or, on the contrary, does not have to be indispensable to their calling. Also may be held immediately of the trial if the accused has acknowledged having committed the offense that is attached to it.

5. It is not possible for the immediate holding of the hearing, in the car will be fixed at the earliest date of installation of the trial, convocándose the accused, the injured and witnesses as appropriate.

Article 484. Audience

1. The hearing will be installed with the presence of the accused and his counsel, and to be the case, with the concurrence of the complainant and his or her counsel. If the accused does not have a lawyer you appoint one ex officio, except that in the place of judgment will not exist lawyers or they are grossly insufficient. The parties, without prejudice to the provisions of paragraph (5) of the preceding article, may be accompanied by the evidence that you intend to assert.

2. Thereupon the Judge shall make a brief statement of the charges that appear in the Police Report or the complaint. When I find this, the aggrieved, the Judge will call on a possible settlement and the conclusion of an agreement of repair to be the case. If it occurs, will include validating the settlement, or the settlement, giving the conclusion of the proceedings.

3. It is not possible to make a settlement, or the conclusion of an agreement, we will ask the accused if admits his guilt. If you do, and were not necessary other acts of test, the Judge will close the debate and give immediately the appropriate sentence. The judgment may be pronounced verbally and logging in writing shall be made within two days.

4. If the defendant does not admit the charges, immediately questioned, then make it your own with the person offended, if present, and then it will receive the evidence admitted and the that have been presented by the parties, following the ordinary rules, appropriate to the brevity and simplicity of the process faults.

5. The hearing will consist of a single session. Only be suspended for a period not exceeding three days, ex officio or at the request of a party, when it is necessary for the performance of any evidence. Once the term has expired, the trial shall proceed in accordance with the general rules, even in the absence of the witness or expert is required.

6. Listened to the oral arguments, the court will issue judgment in that act, or within the third day of its completion without any further delay. Governed by the provisions of paragraph 3 of this article.

Article 485. Measures of coercion

1. The Judge may issue a mandate to appear without restrictions against the accused.

2. When the accused is not present voluntarily to the hearing, you may be asked to appear by the middle of the public force, and if needed, they will order the pretrial detention until that is done, and end the hearing, which shall be held immediately.

Article 486. Appeal

1. Against the judgment proceeds on appeal. The car will be lifted up in the day to a Criminal court.

2. Received the appeal, the Criminal Judge will resolve in a period of ten days, by the only merit of the action taken, if the appellant does not express the need of a specific action of probation, in which case it shall proceed in accordance with the common rules, as appropriate to their brevity and simplicity. Defense Attorneys submitted in writing to the allegations that they consider, without prejudice to the oral report that they can perform in the sight of the cause, which shall be appointed within twenty days of receipt of the car.

3. Against the judgment of the Criminal court is not appropriate recourse. Their implementation shall be the Judge passed the sentence of first instance.

Article 487. Withdrawal or transaction

In any state of the cause, the grievant or complainant may opt-out or compromise, which will be late in the process.

SIXTH BOOK: THE EXECUTION AND THE COSTS

SECTION I: THE EXECUTION OF THE SENTENCE

Article 488. Rights

1. The convicted person, the third civil and legal persons concerned may exercise, during the execution of the judgment of conviction, the rights and powers which this Code and the Laws confer.

2. The convicted person and the other parties entitled are entitled to apply to the Judge of the Preparatory Research the requirements and observations that legally correspond in respect of the execution of criminal penalties, the repair of civil and other accessory consequences imposed in the judgment.

3. Without prejudice to what is established in the paragraphs above, corresponds to the Public Ministry, the monitoring of the execution of criminal penalties, in general, urging the measures of supervision and control that apply, and asking the Judge of the Preparatory Research requirements that may be necessary for the correct application of the Law.

Article 489. Criminal Enforcement

1. The execution of the condemnatory judgments, except as provided by the Code of Penal Execution in respect of the prison benefits, shall be the jurisdiction of the justice of the Preparatory Research.

2. The Judge of the Preparatory Research is empowered to resolve all incidents that may arise during the execution of the penalties set forth in the above paragraph. Will the communications provided for by Law, and perform the necessary procedures for their due performance.

Article 490. Computation of the sentence of imprisonment

1. If the convicted person is released and the sentence imposes a sentence of imprisonment effective, the Judge of the Preparatory Research will have what is necessary for their capture.

2. Produced the capture, the Judge of the Preparatory Research, once it is fully accredited by the identity of the convicted person to perform the calculation of the penalty, discounting to be the case the time of arrest, pretrial detention and home detention that have been fulfilled, as well as the deprivation of liberty suffered abroad as a result of the extradition procedure in place to be submitted to process in the country.

3. The computer will always be refittable, even ex officio, if it is found an error, or when new circumstances become necessary.

4. The fixation of the computation of the penalty shall be immediately communicated to the Court that imposed the sanction and to the National Penitentiary Institute.

Article 491. Incidents of modification of the judgment*

1. The Public prosecutor, the convicted person and his or her counsel, as appropriate, may make, before the Judge of the Preparatory Research incidents related to the conversion and the revocation of the conversion of sentences, to the revocation of the suspension of the execution of the sentence, and of the booking of the sentence, and the termination or expiration of the penalty.

2. Incidents relating to the revocation of the suspension of the execution of the sentence, and of the booking of the sentence, and the termination or expiration of the penalty shall be resolved within five days of receipt of the request or requirement, after hearing the other parties. If necessary, incorporate elements of proof, the Judge of the Preparatory Research, even ex officio, and prior to the completion of the hearing or suspending it, order a preliminary investigation for a short time that will determine reasonably, after which you will decide. The Police must conduct such proceedings, under the leadership of the Prosecutor.

3. Incidents relating to the freedom ahead, outside of the prison benefits of free ranging and conditional release and the security measure involving deprivation of liberty, and those in which, because of its importance, the Judge of the Preparatory Research deems it necessary, shall be resolved in the oral hearing, citing the bodies of evidence that should inform the debate.

4. Corresponds to a Criminal court one-man-the knowledge of the incidents arising from the execution of the criminal penalty set out in the Code of Criminal Enforcement, as well as the special procedure of conversion of penalties for convicted, according to the law of the matter. The decision requires a hearing with the assistance of the parties.

5. Furthermore, the requests on recast, or an accumulation of penalties are handled by the Criminal Court Referee. Will be resolved upon completion of a hearing, with the concurrence of the Prosecutor, the convicted person and his or her counsel.

6. In all cases, the knowledge of the appeal, which corresponds to the Criminal Chamber Top.

* Artículo modificado por el DL 1300, publicado el 30 de diciembre de 2016.

Article 492. Security measures involving deprivation of liberty

1. The rules set forth in this section shall apply to security measures involving deprivation of liberty in which they are applicable.

2. The Criminal Judge shall examine periodically, the situation of those who suffer a measure of hospital stay. Set a maximum term of six months between each test, and will decide after a hearing in view of the medical report of the establishment and the expert. The decision will be on the cessation or continuation of the measure and in the latter case, may order the modification of the treatment.

3. When the Judge has knowledge, by report-founded, of which disappeared the causes that led to the hospital, you will proceed to its replacement or cancellation.

Article 493. Civil enforcement and other accessory consequences

1. The civil remedies will be effective according to the provisions of the Code of Civil Procedure, with the intervention of the Provincial Prosecutor and the complainant.

2. For the enforcement of the payment of the fine and the sale or award of the object of confiscation is applied, where relevant, the rules of the Code of Civil Procedure.

3. The incidents that arise during the execution of the repair, civil and other accessory consequences will be solved within three days, after a hearing to be held with the parties that attend the event. Against the resolution that resolves the incident comes on appeal.

Article 494. Seizure and Confiscation

1. When in the judgment ordering the confiscation of any property, the Judge of the Preparatory Research, are not insured by the court, shall have their apprehension. The property subject to seizure shall be given to the destination according to your nature, pursuant to the rules of the art.

2. The seized goods are not subject to confiscation, will be returned to the one who is seized, immediately after the finality of the judgment. If they had been delivered in temporary storage, it shall notify the depositary of the final delivery.

3. The goods seized from the property of the condemned, who were not subject to confiscation, may be immediately seized to enforce the payment of the costs of the process and of the financial liability and civil declared in the judgment.

Article 495. Declaratory judgment of falsehood instrumental

1. When a judgment declaring fake a public instrument, shall be the Judge of the Preparatory Research order the act to be rebuilt, deleted or reformed. If this is the case, be ordered to the rectifications of registration that apply to you.

2. If the document has been extracted from a file, it will be returned to him, with marginal note on each page, and add a copy of the judgment that would have established the falsehood total or partial.

3. If it is a document notarized, the statement made in the verdict will be noted at the margin of the array, in the testimonies that have been presented, and in the respective register.

Article 496. Other skills

1. If the headquarters of running a third party alleges ownership over property seized or, in your case, foreclosed definitely, the Judge of the Research School will forward the decision to the Judge Specialized in Civil jurisdiction over the place, while keeping the retention of the well.

2. In these processes will be speaking as part of the Provincial Prosecutor in the Civil.

SECTION II: COSTS

Article 497. A general rule, exception, and resource

1. Any decision that put an end to the criminal proceedings or to resolve an incident of execution in accordance with Section I of this Book, it will establish who should bear the costs of the process.

2. The court shall decide ex officio and make a reasoned decision on the payment of the costs.

3. The costs are at the expense of the vanquished, but the court may exempt, in whole or in part, when there have been serious reasons and founded to promote or to intervene in the process.

4. The decision on costs will only be actionable autonomously, wherever possible, resorting to the primary resolution that contains it and by the way planned for her.

5. Not applicable to the taxation of costs in the processes for mistakes, immediate, early termination and effective collaboration. Not applicable in processes for the private practice of criminal action if culminates transaction or withdrawal.

Article 498. Content

1. The coasts are formed by:

(a) The court fee, in proceedings for offences private action or any other attribute that is appropriate for judicial action;

(b) The legal costs incurred during the pendency of the cause;

c) The attorneys ' fees of the prevailing party, and the official experts, interpreters and translators, in the case do not constitute an organ of the justice system, as well as the experts of the part. These concepts will be the object of a Table of maximum amounts. The fixed amount for the lawyers, according to the Table of courses, a five per cent will be allocated to the bar corresponding to your Mutual Fund.

2. The governing body of the Judicial Power shall issue the Regulations of Costs in criminal proceedings, which will be updated regularly. In he set the Table the maximum amounts for the concepts outlined in the above paragraph.

3. The process covers the proceedings of the Preparatory Research, as well as the execution of punishments, consequences, accessory and security measures.

Article 499. People and Institutions are exempt. Special case of taxation

1. Are exempt from the payment of costs by the representatives of the Public Ministry, the members of the prosecutor's offices of State, and the lawyers and attorneys or representatives of the parties, as well as the Executive, the Legislative and the Judiciary, the Public prosecutor's office, the Bodies Constitutionally Autonomous, Regional and Local Governments, and Public Universities.

2. Will the extent of the imposition of costs in criminal proceedings who obtains judicial assistance, in accordance with the provisions of the Code of Civil Procedure. The judicial assistance in criminal means for these alone effects and, as applicable, governing the provisions of Title VIl of the Third Section of the said Code.

3. When the complainant has caused the procedure by means of a false report, or negligence, shall be imposed total or in part the payment of costs.

Article 500. Award of costs to the defendant

1. The charges are to be imposed on the accused when he is convicted, even when applied to in articles 62° and 68° in the Penal Code. Also be assessed when imposing a measure of security.

2. When a judgment is pronounced acquittals and convictions, shall be the percentage which take the respective defendant, and the one that corresponds to the other sentenced in accordance with the above paragraph.

3. When several persons convicted of the same crime, including the assumptions of articles 62° and 68° in the Criminal Code and the imposition of security measures, jointly and severally liable to the payment of costs.

4. When the person has financial solvency, shall pay to the Ministry of Justice in the services of the public defender that he has appointed.

Article 501. Costs in cases of acquittal

1. If the accused is acquitted or not it imposes a security measure, the court shall not impose costs.

2. Notwithstanding the foregoing, there will be costs:

(a) The complainant or, as the case may be, the complainant particular, according to the percentage determined by the court, as long as resulting from the actions which they have acted with recklessness or bad faith;

(b) The own imputed when it has led to your own pursuit to be reported falsely to himself or is to be confessed falsely to the fact. In this case you will determine the percentage that you must pay.

Article 502. Coasts in dismissals and when there is an impediment to the prosecution of the cause

1. Governed by the provisions of the preceding article when it is rendered the dismissal of the case.

2. When the criminal prosecution may not be able to continue to rely a preliminary question or a question for a preliminary ruling, the costs will be paid by the complainant, if any, urged the initiation or the continuation of the process.

Article 503. Costs in the process by private action and the civil action

1. In a process for the private action, if that is the course of the article 136° of the Penal Code, the defendant shall pay the costs. In this process there will be no place to the payment of costs, if the parties have compromised.

2. If in the judgment declaring the liability and imposes the civil remedies, the accused and the third civil pay jointly and severally the coast. If this does not impose the civil liability, the costs will be paid by the complainant. If the civil action cannot proceed, each party shall bear its own costs.

3. The abandonment of the instance determines the costs of the plaintiff's particular.

Article 504. Incidents of implementation and resources

1. The charges are to be paid by those who promoted an incident of execution that it was unfavorable. If the decision in the incident is favorable, the costs are imposed on anyone who opposed his claim, in the proportion set by the court. If no one objected to the requirement that promoted the incident and obtained a favorable decision, it does not impose any costs.

2. The charges are to be paid by the one who filed a notice of appeal without success or is he gave up his pursuit. If you win the appeal, the cost will be imposed on anyone who opposed its claim objecting, in the proportion set by the court. If you do not mediated opposition to the resource that won the appellant, does not impose any costs.

Article 505. Resolution on the coast

1. The costs are set for each instance, but if the decision of the second instance is revoked the first instance, the unsuccessful party will pay the costs of both. This criterion also applies to the decisions reached by the Supreme Court in the appeal.

2. When to distribute the costs among several, the court shall determine, with precision, the percentage that you must pay each one of those responsible, without prejudice to the solidarity.

3. To set the percentages will attend especially to the expenses that each one of them has caused, to their conduct in the proceedings, and the outcome of the process or incident in proportion to their participation in proceedings and the reasons for litigation.

Article 506. Clearing and Execution

1. The costs shall be paid by the Clerk of the court, after being a firm resolution that imposes, or the ordering compliance with the ejecutoriado.

2. The settlement will address all of the items referred to in article 498°, owing to incorporate costs only verified and appropriate actions legally authorized.

3. The parties have three days to observe the settlement. Once the term has expired without observation, the settlement will be approved by resolution inimpugnable.

4. Made the observation, we will transfer to the other party for three days. With his acquittal, we will transfer to the other party for three days. With his acquittal or without it, the Judge of the Preparatory Research to fix this. The resolution is appealable without suspensive effect. The Criminal Upper will absolve the degree, without any other formality which the hearing of the case, in which the attorneys for the parties to attend will be able to make use of the word.

5. The costs must be paid immediately after final resolution that approves them. In the event of default in interest-bearing legal. The Judge of the Preparatory Research will be required to pay the costs. The resolutions issued are inimpugnables.

6. The coast is made effective by the Judge of the Preparatory Research through the procedure laid down in article 716° of the Code of Civil Procedure.

Article 507. Advance payment of expenses

1. When it is necessary to make an expenditure, the court respective deemed to be, and who offered the measure as advance, stating the amount necessary to carry out the due diligence.

2. If you are able to pay the advance payment of the expenses, whenever possible and as necessary, will the State with a charge to your return when appropriate.

BOOK SEVENTH
THE INTERNATIONAL JUDICIAL COOPERATION

SECTION I: GENERAL RULES

Article 508. Applicable regulations

1. The relations of the peruvian authorities with foreign and International Criminal Court in matters of international judicial cooperation are governed by the International Treaties concluded by the Peru and, in his default, by the principle of reciprocity in a framework of respect for human rights.

2. If there is a treaty, its rules shall govern the procedure of international judicial cooperation. Without prejudice to the foregoing, the rules of domestic law, and in particular this Code, will be used to interpret them and apply them in everything which does not include in particular the Treaty.

Article 509. Documentation

1. The requirements presented by the foreign authority, and other documents submitted must be accompanied by a translation into Spanish.

2. If the documentation is sent through the central authority of the requesting country or through diplomatic channels, you do not need legalisation.

3. The presentation in the form of documents assumed the veracity of their contents and the validity of the proceedings to which they relate.

4. Will correspond to the central authority, in coordination with the Ministry of Foreign Affairs, translating the requests and the other documentation sent to the peruvian authorities to the foreign.

Article 510. Competence of the requesting country and the Execution of the act of cooperation

1. To determine the competence of the requesting country in requests for International Judicial Cooperation, except in the matter of extradition, it will be to their own legislation.

2. Shall not be reason to reject the request for international judicial cooperation, except in the matter of extradition, the circumstance that the crime is subject to national jurisdiction.

3. If it requires the practice of some errands under certain conditions, its performance is conditioned to not contraríe the national legal system.

Article 511. Acts of International Judicial Cooperation*

1. Acts of international judicial cooperation, without prejudice to the Treaties, are the following:

(a) Extradition;

(b) Notification of decisions and judgments, as well as witnesses and experts to testify;

c) Reception of statements of the accused, witnesses, experts and other persons;

d) Display and remission of court documents, or a copy of them;

(e) Remission of documents and reports;

f) Conducting inquiries or inspections;

g) Examining objects and sites;

h) Practice account lockouts, embargoes, seizures or seizure of property in criminal, freezing of assets, house searches, house searches, control, communications, identification or location of the product of the goods or the instruments of the commission of a crime, and the other measures restrictive of rights;

(i) Providing information and evidentiary items;

j) Temporary transfer of detainees subject to a criminal proceeding, or convicted, when his appearance as a witness is required, as well as people who are free;

k) Transfer of sentenced persons;

l) Proceedings on the outside; and,

m) Controlled delivery of property crime.

2. The International Judicial Cooperation will also include the acts of assistance laid down in the Statute of the International Criminal Court and developed in this Code.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 512. Central Authority*

1. The office of the Attorney general is the Central Authority in the field of international legal cooperation, who, when allowed by the treaties, it communicates directly with the Central Authorities of foreign countries.

2. Corresponds to the Central Authority, with the support of the Ministry of Foreign Affairs, as appropriate, to manage and track requests for international legal cooperation, interim deadlines and answering inquiries made by foreign authorities and national.

3. The Central Authority receives and verifies the filing and granting of diplomatic assurances requested by the Judiciary and the Executive Power; it also performs the monitoring of the compliance with the guarantees provided by the peruvian State or the requesting State.

4. The Central Authority joins forces with the competent national authorities to verify compliance of the international legal order and the national law in the field of international legal cooperation.

5. It is the Ministry of Foreign Affairs provide the necessary support to the office of the Prosecutor of the Nation, as the Central Authority in its relations with other countries and international bodies, as well as to intervene in the processing of requests for cooperation made by the national authorities. Similarly, if provided for by the Treaties, receive and make available to the Central Authority requests for international Legal cooperation, presented by the foreign authorities.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

SECTION II: EXTRADITION

TITLE I: GENERAL TERMS AND CONDITIONS

Article 513. Source

1. The person indicted, charged or convicted as the perpetrator or participant that is located in another State, can be extradited to be tried, or fulfilling the criminal sanction that has been imposed as a defendant present.

2. When the extradition, in the absence of a Treaty, is based on the principle of reciprocity, the office of the Attorney general and the Ministry of Foreign Affairs shall inform the Judiciary cases in which such a principle has been invoked by the Peru and has been accepted by the foreign country involved in the procedure of the extradition, as well as cases in which the foreign country has done the same in Peru any given course, and accepted.

Article 514. Authorities involved

1. It was the decision of the extradition, passive or active, to the Government by means of Supreme Resolution issued with the agreement of the Council of Ministers, following a report of an Official Committee chaired by the Ministry of Justice and integrated by the Ministry of Foreign Affairs.

2. The decision of the Government requires the necessary intervention of the Criminal Chamber of the Supreme Court, which issued a resolution advisory committee, which will forward it together with the actions that are formed by the effect of the Ministry of Justice, with knowledge of the office of the Prosecutor of the Nation.

Article 515. Character of the resolution advisory of the Supreme Court

1. When the Criminal Chamber of the Supreme Court issued a resolution advisory refusal of extradition, the Government is bound to that decision.

2. If the resolution advisory is in favour of the delivery or considers it appropriate to request the extradition to a foreign country, the Government can decide what you deem to be appropriate.

TITLE II: THE EXTRADITION PASSIVE

Article 516. Scope

1. The person indicted, charged or convicted as the perpetrator or participant of a crime committed in a foreign country and who is in national territory, whether as a resident, as a tourist or step, can be extradited to be investigated or prosecuted, or to comply with the sanction imposed as reo present.

2. The granting of extradition is conditional to the existence of guarantees of a straight delivery of justice in the requesting State; and, if an extradition previously attempted by the requesting State, to a third State, it would have been rejected for having considered with implications for policy. The office of the Attorney general and the Ministry of Foreign Affairs will be able to inform if the requesting State have any question or there is a history about it.

Article 517. Rejection of the extradition*

1. Not applicable extradition if the matter of the process does not constitute a crime in both the requesting State as well as in Peru, and if the two laws do not have expected a sentence of imprisonment equal to or greater than two years. If it requires an extradition for various crimes, it is sufficient that one of them needs to comply with that condition to proceed in respect of the remaining crimes.

2. The extradition shall not take place, also:

(a) If the requesting State does not have jurisdiction or jurisdiction to try the offence;

(b) If the extradited because it would have been acquitted, convicted, pardoned, pardoned or subject to another law of grace equivalent;

c) If it had passed the term of prescription of the crime or the punishment, according to law or national of the requesting State; provided, that not to exceed the term of the peruvian legislation;

d) If the extradited any of responding in the requesting State to the court of exception or the process to which you are going to submit does not meet the international requirements of due process;

(e) If the offence was exclusively military, against religion, political or associated with him, the press, or of opinion. The fact that the victim of the punishable act that it is exercising public functions, does not justify by itself that such offense is qualified as a politician. Nor politicized the fact that the extradited engage in political functions. In the same way they are out of the consideration of political crimes, acts of terrorism, crimes against humanity and offences in respect of which Peru had assumed an obligation conventional international extradite or prosecute;

f) If the offence is prosecuted at the instance of a party, and if it is from a lack; and,

g) If the offence was tax, except that an offense is committed by a statement knowingly false, or by deliberate omission, with the object of concealing income from any other crime.

3. Nor shall provide for the extradition, when:

(a) The demand for extradition motivated by a breach of common law has been presented for the purpose of prosecuting or punishing an individual for reasons of race, religion, nationality or political opinions or that the situation of the extradited expose aggravated by one or other of these reasons;

(b) There are special reasons of national sovereignty, security or public order or other essential interests of Peru, which become inconvenient placement of the order;

c) The requesting State does not give assurance that will be the time of deprivation of liberty that requires the procedure of the extradition, as well as the time that the extradited suffered in the course of the process that led to the requirement;

d) The crime for which they are requesting the extradition hath death penalty in the requesting State and it does not give assurances that it will not be applicable.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 518. Requirements of the request for extradition*

1. The request for extradition must contain:

(a) A description of the punishable act, with express mention of the date, place and circumstances of its commission and on the identification of the victim, as well as the legal description that corresponds to the punishable act;

(b) An explanation of both the foundation of the jurisdiction of the requesting State, the reason for which has not been extinguished the criminal action or the penalty;

c) Certified copies of the judgments that were available to the processing, and, in its case, the prosecution of the extradited or the judgment of conviction firm issued when the extradited was present, as well as who ordered their arrest, and/or what's stated reo absent or stubborn;

d) Text of the criminal laws and procedures applicable to the case, according to the provisions of the previous paragraph;

(e) All the known data to identify the claimed, such as name and surname, nickname, nationality, date of birth, marital status, profession or occupation, details, photographs and digital prints, and the information you have about your home or location in the national territory.

2. In all cases, with or without a treaty, the request for extradition must contain the proof necessary to establish sufficient evidence of the commission of the fact delinquent and the participation of the claimed in such acts.

3. If the request for extradition is not adequately educated or complete, the Central Authority at the request of the court, and in coordination with the Ministry of Foreign Affairs will ask the requesting party to correct or complete the application and documentation.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Artículo 519. Concurso de extradiciones

1. If several States requested the extradition of the same person for the same offence, it shall be the preference, according to the following circumstances:

(a) The existence of Treaties that relate to Peru with the requesting State;

(b) The dates of the demands of extradition and, in particular, the state of each procedure;

c) The fact that the crime was committed in the territory of any of the States requesting;

d) The facilities that each one of them has to get the evidence of the crime;

(e) The address of the extradited or the headquarters of their business, to the extent that in both cases to perform with greater consistency, its rights of defence, as well as parallel to the place of residence of the victim;

f) The nationality of the extradited;

g) The severity of the crime, depending on the penalty conminada and its coincidence with the national Law, in particular that does not provide for the death penalty.

2. If several States reclamaren to the same person for other crimes, it shall be the preference, according to the following circumstances:

(a) The greater severity of the crimes, according to peruvian Law;

(b) The nationality of the extradited;

c) The possibility that, granted the extradition to a requesting State, this can in turn access then to the reextradición of the requested person to the other State.

3. Even when a decision is made by a requesting State, justice, and the Government should decide about the origin of the extradition request by the State which is not obtained immediately. In this case, the extradition is not a preferred shall have the effect of a reextradición authorized.

Article 520. Effects of the extradition granted

1. The extradited may not be prosecuted for the above facts, and different to that determined the grant of extradition without the prior permission of Peru. In this case should an action be brought ampliatoria of extradition, the Criminal Chamber of the Supreme Court, which will have to view the request of the requesting State and with relevant supporting documents, you must issue a resolution advisory, and the Council of Ministers must approve the decision in the Supreme authoritative.

2. If the qualification of the crime that led to the extradition was subsequently modified in the course of proceedings in the requesting State, it must also be authorized by the Government of Peru, under the same procedures that the above paragraph, with the precision that only need to be addressed if the new rating is also a criminal offence extraditable.

3. The extradited shall not be reextraditado to another State without the prior authorization of Peru. Will be followed in the national headquarters of the procedure provided for in paragraph (1). However, it will not be necessary, the consent of the Government of Peru if the extradited resign to that immunity to an authority by a diplomatic or consular peruvian and with the advice of a lawyer; or, when the extradited, having the ability to voluntarily abandon the territory of the requesting State does not do so within the period of thirty days, or when you return voluntarily to the territory is after it is abandoned.

4. If extradited, after delivery to the requesting State or during the respective process, escape to come back to Peru, it will be stopped by requisition direct and again delivered without other formalities.

5. The property —objects or documents— effect or instrument of the crime, and which constitute the body of the crime or evidence, will be delivered to the requesting State, since they are in power of the extradited, although it has disappeared, or died, except if affect the rights of a third party. So this must be stated in the Supreme Resolution to accept the extradition.

Article 521. Start the extradition procedure*

The procedure of extradition passive starts:

1. With the demand for extradition submitted by the authority of the requesting State to the office of the Prosecutor of the Nation, which derives from the order of the judge of preparatory research competent to provide for the detention of the claimed;

2. With the arrest of the claimed by court order of merit of an application of preventive detention for the purpose of extradition; or,

3. With the arrest claimed to exist against an order of capture international issued through the INTERPOL, in which case you know of the process, the criminal judge of the shift of the place of detention.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 521-A. Hearing control of the detention for the purposes of extradition*

1. Once stopped, the claimed within a period of twenty-four (24) hours or at the end of the distance must be made available to the competent court with communication to the office of the Prosecutor of the Nation, provincial prosecutor and the official diplomatic and/or consular authority of the requesting State.

2. The judge, within seventy-two (72) hours, holds a hearing of control of the detention with the participation of the claimed, your defender, the competent public prosecutor and the representative attesting to the Diplomatic Mission. During the hearing, the claimed is informed about the reasons for their detention, the rights and the possibility of relying on the extradition simplified in accordance with article 523-A. The audience is installed with those who are in attendance, and has the character of non-deferrable.

3. The judge resolves to hearing the extent of personal restraint that is appropriate to the case. Issued preventive detention for the purpose of extradition, extradition may not be extended beyond a reasonable period of time.

4. Against the order of preventive detention for the purpose of extradition is appropriate to the appeal can be filed within three (3) days of notification of the decision.

* Artículo incorporado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 521-B. Receipt and qualification of demand*

1. In the course of the numerals 2) and (3) of section 521, the requesting State must submit the request for extradition within a period not exceeding sixty (60) days. With the submission of the complaint to the Ministry of Foreign Affairs is suspended, the term listed above. Not to be submitted with the request for extradition within the established term, provides for the immediate freedom of the claimed.

2. The office of the Attorney general forwards the request for extradition to the judge of the procedure for qualifying the demand. If you notice that it lacks any requirement that coordinates with the office of the Attorney general for a term not to exceed thirty (30) days of notification by the requesting State to correct or complete the demand and provide the necessary assurances to be the case.

3. Remedied the lawsuit, the judge sent the notebook to the Criminal Chamber of the Supreme Court, enclosing a report of illustration in a term no longer than twenty-four (24) hours.

* Artículo incorporado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 521-C. Hearing before the Supreme Court*

1. Received the notebook, the Criminal Chamber, in a term of not more than fifteen (15) days, performs the extradition hearing with citation of the claimed, his or her counsel, the prosecutor, supreme and other persons involved apersonados. The audience is installed with those who are in attendance, and has the character of non-deferrable.

2. The Criminal Chamber listening to the parties to the proceedings, who may present evidence, question or support that may appear in the record of extradition, alleging the relevance or irrelevance, formal or material, the demand for extradition, or the reason to favor their pretensions. The hearing starts with the precision of the grounds for extradition, the detail of the content of the request for extradition and the gloss of documents and items of evidence accompanied. Then the claimed, if it thinks fit, declaring the respect and submit to the questioning of the parties. Then argue the parts for your order and, finally, the accused has a right to the last word. Close the debate, the Criminal Chamber is pronounced by stating from or dismiss the extradition request by issuing its decision in the same hearing. Exceptionally, when necessary, the board may hold hearings using technological means, more appropriate, such as video conferencing or other.

3. The notebook extradition is submitted to the Ministry of Justice and Human Rights within the period of five (05) days, to the final decision of the Executive Power.

* Artículo incorporado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 522. Decision and execution of the extradition*

1. The decision of the extradition is solved by means of Supreme Resolution with the approval of the Council of Ministers, which is communicated to the public Prosecutor of the Nation and to the requesting State through the diplomatic channels, and INTERPOL. In the communication to the requesting State lists the conditions that have been established at the time of granting the extradition.

2. Determined definitely the demand for extradition, the peruvian State will not give course to no new extradition request by the same requesting State based on the same fact, unless the refusal is melted in defects of form. Another State that is deemed competent will be able to try it due to the fact if the refusal to the first State is based on the incompetence of the State to understand the crime that led to the order.

3. The requesting State shall arrange for the transfer of the claimed within thirty days from the date of the official communication. The office of the Prosecutor of the Nation, in response to the request of the requesting State, when the latter is unable to perform the transfer in a timely manner, may grant an additional period of fifteen days. At maturity, the extradited will be immediately released and the requesting State will not be able to reiterate the demand for extradition.

4. The cost of international transport of the extradition and the documents and goods seized, are the responsibility of the requesting State.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 523. Preventive detention for the purpose of extradition*

1. The preventive detention for the purpose of extradition of a person sought by the foreign authorities applicable when:

to. It has been requested formally by the central authority of the country concerned;

b. The person claimed has been located within the national territory and is required to capture internationally through the International Organization of Criminal Police-INTERPOL.

2. The formal request for the arrest was referred to the public Prosecutor of the Nation through the central authority of the requesting State, or through INTERPOL. In cases of urgency, the application of the detention may be submitted by any means, including telegraph, telephone, x-ray or e-mail. The formal application will contain:

(a) The name of the person claimed, with their personal identity and the circumstances that allow to find it in the country;

(b) The date and place of commission and classification of the fact imputed;

c) If the required was a defendant, the indication of the worth conminada to the fact perpetrated; and, if convicted, accuracy of the sentence imposed;

d) The invocation of the existence of the court order of detention or imprisonment, and of the absence or the absence of the accused in his case;

(e) The commitment of the requesting State to submit the formal request for extradition.

3. The office of the Attorney general forwards the request for arrest for extradition within 24 hours of the judge of preparatory research competent, with notice to the provincial prosecutor appropriate.

4. Pursuant to article 521-A, the judge can impose the mandate of preventive detention or coercive measure staff determine, provided that the act that is deemed criminal is in Peru and has provided for a penalty involving deprivation of freedom equal to or greater than two years. If you invoke the commission of various crimes, it is enough that one of them needs to comply with that condition to proceed in respect of the remaining crimes. The decision to issue is communicated to the tax and communicated to the public Prosecutor's office and the local office of the INTERPOL.

5. The detention ceases if it is found that the arrested person is not the person claimed, or has not submitted the formal request for extradition within sixty (60) days.

6. The claimed it to be released because it was not submitted on time with the demand of extradition may be arrested again once it has received the formal request for extradition.

7. In the case of subsection (b) of paragraph 1 of this article, the National Police comes to the operation and conduct of the required immediately, putting it at the disposal of the competent court of the place of the intervention and by communicating this fact to the provincial prosecutor, the Prosecutor's office of the Nation and to the diplomatic or consular official of the requesting country.

* Artículo modificado por los siguientes dispositivos:

1. DL 983, publicado el 22 de julio de 2007.

2. Ley 30076, publicada el 19 de agosto de 2013.

3. DL 1281, publicado el 29 de diciembre de 2016.

Article 523-A. Extradition simplified or voluntary*

The claimed in any state in the extradition procedure can give your free and express consent to be extradited by the crime subject of the order, not being necessary to receive the request for extradition. In that case, the authority that you know of preventive detention, or request for extradition ends the procedure. The Criminal Chamber of the Supreme Court, without any red tape, dictates the resolution advisory that corresponds to the extradition, in case of be favorable, refers to the actuated to the Ministry of Justice and Human Rights for the purposes of Law.

* Artículo incorporado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 523-B. deferred Delivery and temporary*

When the person claimed it is processed or is serving a sentence in Peru, for different facts to the matters referred to in the extradition request, the peruvian State may postpone the surrender of the person claimed until the completion of the proceedings or to finish his sentence. If the offense had been committed after the crime that motivates the extradition, claimed it may be delivered provided that the offence has been committed in the national territory, is punishable by a penalty lower.

If you were granted the extradition of a person who is serving a sentence in Peru, it may be delivered temporarily to the requesting State to be submitted to process. The person provided is kept in custody in the requesting state and shall be returned to Peru after the end of your process, or when no longer needed his presence.

* Artículo incorporado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 524. Extradition transit

1. The transit of extradited to a third State and of their keepers, throughout the national territory, shall be allowed, through the presentation of authentic copy of the document granting the extradition, and of the request, except if it is not opusieren serious grounds of public policy or human rights. The authorization and, in his case, the refusal shall be prepared by the office of the Attorney general, in coordination with the Ministries of Justice and Foreign Affairs.

2. If the means of transport used is the air, the authorisation shall be necessary only when you have some scale provided in the national territory.

3. The refusal of transit may occur in the case of delivery of the extradited made without a guarantee of justice.

TITLE III: THE EXTRADITION ACTIVE

Article 525. Scope and Initiation*

1. The prosecutor or the aggrieved may require the judge of the criminal process for the extradition of a person prosecuted or convicted who is in another State.

2. The request for extradition is appropriate when the offense aims to have a penalty greater than or equal to two years of prison sentences or if the claimed has to fulfill a penalty of not less than one year at the time of the filing of the application; provided that it is not possible to use other mechanisms and communication technology for the attendance at trial of the claimed, in response to the gravity of the offence or to the special conditions of the claim.

3. To give effect to the extradition procedure is active, the judge of the criminal process must decide on the extradition request. The resolution of requests for extradition active must specify the facts that are the subject of imputation, its legal description, the conminación criminal, the sufficient evidence linking the claimed author or participant in the criminal acts imputed, and, in his case, the declaration of absence or the absence of the accused, as well as the order of detention for the purposes of extradition. The resolution desestimatoria is appealable before the Criminal Chamber Top, which resolved after a hearing with citation and intervention of the parties approving the act in the period of five days.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 526. Procedure*

1. The judge, after issuing the corresponding resolution, forms the binder for extradition containing the relevant documents mentioned in items 1) and 2) of article 518, as well as certifying that the claimed has been located in the requested country, in addition to the justification and the test items according to the treaties and the domestic law of the requested State.

2. The binder is submitted to the Criminal Chamber of the Supreme Court, which decided by reference to the fulfilment of the terms set forth in the treaties of extradition or it would have set the requested State. If the board declares from the request for extradition, the binder is referred to you within 24 hours to the Ministry of Justice and Human Rights. If you declare inadmissible, it returns the action taken to the requesting court.

3. The Executive branch is pronounced by Supreme Resolution approved by the Council of Ministers, following a report of the Official Commission of Extradition and Transfer of Sentenced Persons.

4. Issued by the Supreme Resolution provides for the translation of the booklet of extradition to be the case. The formal presentation of the extradition corresponds to the public Prosecutor of the Nation, with the competition of the Ministry of Foreign Affairs.

5. Once you have submitted the extradition request before the requested State, corresponds to the Central Authority keeping track of the request until you get the response and monitor their implementation according to the conditions had been established to the required State.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 527. Preventive detention for the purpose of extradition*

1. In urgent cases, and especially when there is a risk of leakage, the Criminal judge may request the requested State, through the Central Authority to dictate the term of preventive detention for the purpose of extradition.

2. The term of preventive detention may also be ordered in conjunction with the formal request for extradition.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

SECTION III: INTERNATIONAL LEGAL ASSISTANCE

Article 528. Scope and provenance

1. This section governs the actions of international judicial cooperation provided for in subparagraphs (b) to (j) of paragraph (1) of section 511°.

2. In these cases, the request for international judicial assistance or letter rogatory shall be possible only if the sentence of imprisonment for the crime investigated and judged is not less than a year and that it is not a crime exclusively subject to the military law.

Article 529. Reasons for refusal

1. May be refused, also, the assistance when:

(a) The accused would have been acquitted, convicted, pardoned or amnestied by the crime that originates the request;

(b) The process has been initiated with the aim of prosecuting or punishing an individual for reasons of sex, race, religion, nationality, ideology, or social condition;

c) The application is made at the request of a court of exception or Special Committees created for this purpose;

d) It affects the public order, sovereignty, security or the fundamental interests of the State; and,

(e) The application relates to a tax felony, unless the offence is committed by a statement knowingly false, or by deliberate omission, with the object of concealing income from any other crime.

2. In applications assistance provided for in paragraph (h) of paragraph (1) of section 511° is required that the fact that originates the request is punishable in the two States.

Article 530. Requirements and process of the letter rogatory

1. Requests for legal assistance or letters rogatory are made to the national authorities shall be in writing and shall contain the following indications:

(a) The name of the foreign authority responsible for the investigation or prosecution;

(b) The crime referred to in the cause and description of the matter, the nature of the investigation or prosecution, and the relationship of the events to which the application relates;

c) Full description of the assistance sought.

2. When you are not aware of the evidence in particular that we want to obtain, simply the mention of the facts that seek to demonstrate.

3. If the application does not conform to the provisions of this article or if the information supplied is not sufficient for processing, you may ask the requesting party to modify your application or complete it with additional information. During this period, the national authority shall adopt acts in distress generic in the research or provisional measures, such as account lockout, embargo or requisition, preventive, to avoid damage that is irreparable.

Article 531. Evidence

1. For the reception of testimony shall state the specific facts on which it must be borne interrogation, or, in any case, attach a statement questioning.

2. If you are required to corroborate a test or an original document to be accompanied if possible authentic copies of those that have justified the order or, in any case, be made subject to your timely return.

3. If the compliance of the request for assistance could hinder an investigation process conducted by the competent authority, may be provided by the postponement or the appropriate conditioning of the execution, reported to the requesting State.

Article 532. Processing applications

1. The office of the Prosecutor of the Nation, addressed to requests for assistance from foreign authorities to the Judge of the Preparatory Research of the place where you need to be diligent, and who, in the period of two days, will decide about the origin of the aforementioned application.

2. Against the decision of the Judge of the Preparatory Research proceeds appeal without suspensive effect. The Criminal Upper will be moving this to the Top Fiscal and stakeholders duly apersonados by the joint time limit of three days, and will decide after hearing of the case, in the period of five days.

3. In the process of implementation of the act on mutual assistance intervene with the Public Ministry, and is quoted to the Embassy of the requesting country to be represented by a Lawyer. We also accept the intervention of lawyers who happen to be parties in the process of deriving the letter rogatory.

4. Without limiting the foregoing, in all matters relating to the conditions and forms of realization of the act of assistance, governed by the national legislation.

5. Corresponds to act with the diligence of legal assistance to the Judge of the Preparatory Research. Then you run it, will the actions be taken to the public Prosecutor's office for referral to the requesting authority through the Ministry of Foreign Affairs.

Article 533. Transfer to foreign persons deprived of their liberty

1. The appearance and the temporary relocation abroad of a person deprived of liberty by the justice peruvian, may only be authorized if the required consents, with the assistance of a lawyer, and provided that their presence in the country would not be necessary for an investigation and prosecution.

2. The foreign authority shall undertake to maintain physical custody to the person moved and will be returned after finished the errands that gave rise to its transfer, without the need for extradition or at a time that does not exceed sixty days or the remaining for the execution of the penalty, according to the term that is satisfied first, to less than that required, the office of the Prosecutor of the Nation and the foreign authority to agree to extend it.

Article 534. Safe-conduct

1. The attendance of any person before the foreign authority, authorised by the justice peruvian, is conditioned to be granted a safe-conduct, under which, while in the requesting State, may not:

(a) Be detained or prosecuted for crimes prior to his departure from the national territory;

(b) Be required to testify or to bear witness in procedures not specified in the application;

c) Be detained or prosecuted based on the statement that pay, except in the case of contempt of court or perjury.

2. The safe conduct shall cease when the person continues to volunteer their stay for more than fifteen days from the time that your presence no longer necessary.

Article 535. Prohibitions

1. Documents, records, information or evidence obtained in application of the legal assistance may not be disclosed or used for purposes different from those specified in the letter rogatory, without the prior consent of the public Prosecutor of the Nation.

2. The national judicial authority to accept the request for assistance or, in your case, and subsequently, the public Prosecutor of the Nation will be able to provide that information or evidence provided to the requesting State is maintained in confidentiality. Corresponds to the office of the Attorney general to make arrangements with the central authority of the requesting country to determine the condition of confidentiality that are mutually convenient for you.

Article 536. Requirements and process of the letter rogatory to foreign authorities

1. Requests for legal assistance are made to the foreign authorities shall be in writing and in the language of the country is required. Must contain the following information:

(a) The name of the peruvian authority responsible for the investigation or prosecution;

(b) The crime referred to in the cause and description of the matter, the nature of the investigation or prosecution, and the relationship of the events to which the application relates;

c) Full description of the assistance sought and, where appropriate, referral of the relevant documentation.

2. When you are not aware of the particular tests that want to be obtained, it will refer to the facts which are sought to prove.

3. Corresponds to the judges and prosecutors in the scope of their respective powers, to take the letter rogatory to foreign authorities. This will be processed through the office of the Prosecutor of the Nation.

Article 537. Request to the foreign authorities for the transfer of an arrested or convicted person

1. The Judge of the Preparatory Research, or, in your case, the Criminal Judge, at the request of the Prosecutor or of the other parties, provided that they meet the source requirements provided for in the Code, and required the presence of a defendant arrested or convicted abroad are suffering deprivation of liberty or restrictive measure of freedom, you can request its transfer to Peru to the authorities of that country, in order that the giving of testimony, collaborate on research or intervene in the proceedings.

2. The transfer request shall be subject to the granting of the Peruvian State, the safe-conduct and the requirements mutually agreed upon with the foreign authority, in coordination with the office of the Prosecutor of the Nation.

3. Against the decision issued by the Judge proceeds appeal with suspensive effect. Governed, as applicable, paragraph (2) of article 517°.

SECTION IV: DUE DILIGENCE ON THE OUTSIDE

Article 538. Practice of proceedings in the foreign Attorney or Judge peruvian

1. When it is necessary to practice due diligence in foreign territory, the government Prosecutor or the Criminal Chamber Higher competent, as applicable, performed by the Prosecutor or the Judge, can in accordance with the nature of the action and the urgency of the same, upon acceptance of the foreign State, to authorize the transfer of the Prosecutor or the Judge. The decision that is issued is not actionable.

2. The Prosecutor, or the Judge will have to form binder addition to containing certified copy of the actuated relevant necessary to determine the necessity and urgency. The resolution agreed to request the authorisation shall be reasoned and shall specify the procedures that must be performed abroad.

3. The office of the Prosecutor of the Nation will receive through the Ministry of Foreign Affairs the response of the requested State on the possibility of being realized in your territory these proceedings, and be appended to the actuated.

4. Issued the authorisation referred to in the first paragraph of this article, shall give notice to the Ministry of Foreign Affairs and the diplomatic missions accredited in Peru, the country where it should be done the due diligence.

Article 539. If foreign authorities consider it necessary to practice due diligence in Peru

1. In the event that foreign authorities consider it necessary to practice due diligence in Peru, they will know to the public Prosecutor of the Nation through its central authority or diplomatic channels.

2. The public Prosecutor's office will refer the request to the Judge of the Preparatory Research of the place where it should be done the due diligence, which prior to transfer to the Prosecutor and to the interested duly apersonados, will decide after the hearing of the case within five days. The decision is appealed with suspensive effect before the Criminal Chamber Top. Governed by the provisions of paragraph (2) of article 532°.

3. If it accepts the request of the foreign authority, its execution is conditioned to not affect rights and guarantees enshrined by law in peru. In this case, be given to the foreign authority in the assistance required for the fulfilment of those proceedings. The Public Ministry will be quoted and will actively participate in the enforcement procedure.

SECTION V: ENFORCEMENT OF SENTENCES

TITLE I: SENTENCES AND MEASURES INVOLVING DEPRIVATION OF LIBERTY FOR EFFECTIVE

Article 540. Bases and requirements*

1. The judgments of the domestic criminal justice that impose custodial sentences or security measures involving deprivation of liberty to a national of another country can be enforced in the country of origin of the person convicted or establishing roots. Also, the judgments of the criminal justice foreign impose penalties and security measures involving deprivation of liberty to peruvians can be met in Peru.

2. It was the decision of the transfer asset or liability of persons convicted to the Executive Power, by means of Supreme Resolution issued with the agreement of the Council of Ministers, following a report of the Commission on Extradition and Transfer of Sentenced Persons.

3. The execution of the penalty is to be fulfilled according to the rules of execution or of the prison regime of the State of compliance.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 541. Jurisdiction of Peru on the sentence*

1. Peru, when to accept the transfer of the convicted foreigner, maintains jurisdiction over the sentence imposed and any other procedure that provides for the revision or amendment of judgments of its courts. It also retains the power to pardon or granted amnesty or redeem the penalty to the person convicted.

2. The office of the Attorney general, in coordination with the Ministry of Justice and Human Rights, accepting the decisions on these endpoints to adopt the foreign State, prior consultation and coordination.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 542. Conditions for the transfer and the enforcement of sentences*

1. The transfer of the convicted person is possible, if the following conditions are met:

(a) The fact that originates the request is punishable in both States;

(b) That the defendant has not been convicted of a crime exclusively military;

c) The part of the sentence are met at the time of presenting the application, either at least six (06) months. Exceptionally, the central authorities may agree to the transfer even if the length of the sentence to be fulfilled is lower;

d) The judgment is steadfast;

(e) That the other provisions of the judgment have been satisfied or guaranteed, especially in the case of a fine, civil remedies, and other accessory consequences, except in cases in which the State appears as the only wronged; these do not require the payment or the warranty of the repair or civil fine days, which does not affect the right to collect back of both amounts on the part of the State.

e.1) Exceptionally, the convicted person to request its transfer abroad, may require the criminal judge competent to reduce or waive the payment of the repair and civil penalties, providing humanitarian reasons duly substantiated, or lack of sufficient financial means, with the prior report of the socio-economic of the competent official of the National Penitentiary Institute to substantiate such a situation. In the case of repairs of civil solidarity, the benefit extends to other foreign offenders who request the transfer, and in the same condition.

e.2) The convicted person may request a reduction or waiver for the purposes of transfer from the time the judgment of conviction has become final. The application is placed on knowledge of the complainant. After receiving the report of the socio-economic of the National Penitentiary Institute and provided that there is no opposition, the judge resolves within a period of five (05) days.

e.3) The complainant may lodge an appeal against the self-approving the exemption or reduction of the civil redress.

f) That does not exist against the applicant criminal proceedings pending.

2. The person convicted can serve his sentence in a country different from your nationality, always showing roots, upon acceptance of the State of compliance.

* Artículo modificado por los siguientes dispositivos:

1. Ley 29305, publicada el 22 de diciembre de 2008.

2. DL 1281, publicado el 29 de diciembre de 2016.

3. DU 018-2020, publicado el 24 de enero de 2020.

Article 543. The procedure to arrange for the transfer of alien convicted in Peru*

1. The Central Authority to form the binder of transfer with the following documents:

(a) At the express request of the convicted person or his representative;

(b) The acceptance of the compliance Status;

c) A copy of the judgment of conviction and the resolution that declares firm, and the legal standard of the compliance Status;

d) Copy of the judgment which certifies the cancellation of the payment of the civil redress or its exemption if applicable;

(e) The corresponding reports of the National Penitentiary Institute;

f) Document attesting that the convicted person did not register process pending criminal; and,

g) Other necessary for decision-making.

2. Formed the notebook, the Central Authority sends it to the Ministry of Justice and Human Rights, to the final decision of the Executive Power.

3. The implementation of the transfer corresponds to the National Penitentiary Institute.

* Artículo modificado por el DL 1281, publicado el 29 de diciembre de 2016.

Article 544. Procedure when the Peru requesting the transfer of the national*

1. The national convicted abroad or your representative can ask for its transfer to the authorities of the State of conviction, to the peruvian Consulate nearest to their place of detention or to the office of the Prosecutor of the Nation.

2. The central Authority to form the binder of transfer with the following documents:

(a) At the express request of the convicted person or his representative;

(b) A document proving your nationality;

c) A copy of the judgment of conviction and the resolution that declares firm, and the legal standard of the State of conviction; and,

d) Other necessary for decision-making.

3. Formed the notebook, the Central Authority sends it to the Ministry of Justice and Human Rights, to the final decision of the Executive Power.

4. The implementation of the transfer corresponds to the National Penitentiary Institute.

* Artículo modificado por los siguientes dispositivos:

1. Ley 29305, publicada el 22 de diciembre de 2008.

2. DL 1281, publicado el 29 de diciembre de 2016.

Article 544-A. Execution of the sentence in which the peruvian State*

1. Executed the transfer of a national, the national Prosecutor's office sent the notebook to transfer to the competent judge, who corresponds to adapt to the applicable national criminal the criminal provisions of the sentence imposed by the foreign authority. It is the jurisdiction of the criminal court of the place where the national is serving a sentence.

2. Suitable the foreign judgment, the judge sends a copy of the decision of adequacy to the Central Register of Convictions of the Judiciary and the Registry Prison of the National Penitentiary Institute, for their registration and compliance under national policy.

* Artículo incorporado por el DL 1281, publicado el 29 de diciembre de 2016.

TITLE II: THE OTHER SENTENCES AND SECURITY MEASURES

Article 545. Non-custodial sentences

1. The condemned of peruvian nationality by a foreign court to enforce a sentence of sentence or parole or suspension of sentence, or provision of services to the community, or limitation of the free days, or a security measure involving deprivation of liberty, may fulfill in Peru under the supervision of the competent authority.

2. The acceptance of the application is conditioned upon compliance with the civil remedies and other accessory consequences, and the acceptance of the condemned, provided with the assistance of his attorney.

3. The request of the foreign authority to require a certified copy of the judgment, the complete information of the fulfilment of the civil redress and other accessory consequences, information about the date of arrival to Peru, and explanation of the obligations assumed by the convicted person, and of the control that is required of the peruvian authority, with determination of the date of completion of the control. We will not accept the request when the obligations assumed by the convicted person or the control measures required contradict the national legislation.

4. If the convicted person is peruvian, may submit the application by itself or through third parties on their behalf.

5. Solve the application to the Judge for the Preparatory Research. Governed, as appropriate, to in points 1) and 2) of article 532°. In these cases, the required report of the National Penitentiary Institute.

6. Corresponds to the peruvian authority to periodically report to the State of conviction about the way in which it carries out the control. You are obliged to inform immediately the failure on the part of the convicted person of the obligations assumed, so that the State of conviction to adopt measures appropriate to the case.

Article 546. Enforcement of non-custodial sentences in Peru

1. The convicted foreigner by a court peruvian to comply with a sentence of sentence or parole or suspension of sentence, or provision of services to the community, or limitation of the free days, or a security measure involving deprivation of liberty, may be met in the country of your nationality.

2. The conditions will be, similarly, the established in the previous article.

3. The request must be filed with the Judge of the Preparatory Research. The public Prosecutor's office will coordinate with the foreign authority requirements and conditions that the State of conviction establishes the connection, and send them to the Judge of the case for decision.

Article 547. Penalty of fine, and forfeiture

1. The convictions of penalty or consequence accessory of confiscation issued by foreign judicial authority, may be executed in Peru, at the request of the central authority, when:

(a) The offence was of competence of the requesting State, according to its own legislation;

(b) The conviction is firm;

c) The fact that motivates constitutes an offence to the peruvian Law, even if it did not have prescribed the same penalties;

d) It is not a political offence, or the process is urged for political purposes or discriminatory grounds rejected by the International Law;

(e) The condemned had not been tried in Peru or in another country for the fact that motivates the order; and,

f) This is not a conviction in absentia.

2. The central authority, in coordination with the Ministry of Foreign Affairs, will be able to agree with the requesting State, on the basis of reciprocity, that part of the money or property obtained as the result of the execution procedure, are in the power of the peruvian State.

3. For everything related to the request and the procedure required to solve the request of the requesting State, governed by the relevant articles 530° and 532°.

4. The judicial proceeding for the enforcement of the fine and forfeiture shall be that provided in this Code and may adopt measures of coercion heritage. Intervene necessarily the Provincial Prosecutor.

5. The fine will be executed by the amount and the terms and conditions set forth in the sentence, which will be converted to your national currency or in another currency according to the agreements that you arrive and always that is not prohibited by the national legislation.

6. The expenses that lead to the execution shall be borne by the requesting State.

7. The money or property obtained shall be deposited to the order of the public Prosecutor of the Nation, which transferred, or given to the central authority of the requesting country or to which it may designate.

Article 548. The penalty of Disqualification

1. Las penas de inhabilitación impuestas por un órgano jurisdiccional extranjero serán ejecutadas en el Perú, a solicitud de su autoridad central, siempre que se cumplan las condiciones establecidas en el numeral 1) del artículo 532°.

2. The admission procedure and the execution, with the necessary intervention of the Provincial Prosecutor, shall be that provided in the articles 530° and 532°, as well as the rules on the execution of a sentence set forth in the Code.

Article 549. Penalties of fine and disqualification and forfeiture object of compliance in the foreign

1. The court peruvian who have imposed a sentence of a fine, disqualification or forfeiture, may require you to execute the sentence in a foreign country.

2. The conditions will be, similarly, are established by paragraph (1) of article 532°.

3. The admission procedure and the execution, with the necessary intervention of the Provincial Prosecutor, shall be that provided in the articles 530° and 532°, as well as the rules on the execution of a sentence set forth in the Code.

SECTION VI: THE CONTROLLED DELIVERY

Article 550. Disposal of controlled delivery to the outside

1. The office of the Prosecutor of the Provincial of the place where the incident took place, prior coordination with the public Prosecutor of the Nation, and upon the express request and reasons for the competent authority of a foreign, may authorize the controlled delivery in order to discover the persons involved in crimes of international nature or transnational and bringing criminal cases against them.

2. Controlled delivery is agreed by a Provision, which will be kept in reserve, and sent to the central authority abroad or, for reasons of urgency, to the authority conducting the research.

3. The Provision shall, as the case may be, that the illicit consignments whose controlled delivery is agreed to may be intercepted and allowed to continue intact or to substitute its content, in whole or in part.

4. Corresponds to the Provincial Prosecutor to conduct, with the active intervention of the National Police, the whole procedure of controlled delivery.

Article 551. Controlled delivery and protection of national jurisdiction

1. The Provision that would authorize the controlled delivery of good in the criminal, is to be adopted on a case-by-case basis.

2. The expenses in national territory requires you to this mechanism of cooperation shall be for the account of the Public Ministry. However, the office of the Attorney general is empowered to reach a specific agreement on the matter.

3. The office of the Attorney general shall ensure that the scope of national jurisdiction, is not unduly limit.

Article 552. Function of the office of the Prosecutor of the Nation

1. The office of the Prosecutor of the Nation shall, in coordination with the competent authority of the foreign, the procedure mutually agreed upon for the controlled delivery.

2. Also, you need to, with full respect to the validity of Law national criminal law, the allocation that corresponds to the Public Ministry to promote the criminal action in the country, in case the procedure of controlled delivery, give positive results.

Article 553. Authorization for the use of controlled delivery

1. The Prosecutor's office that investigates a crime provided for in article 340°, after coordination with the office of the Attorney general, may authorize request to the competent foreign authority the use of controlled delivery.

2. Under the urgency may be used as the direct channel with the central authority of the requested country, or, with the permission of her, with the organ that immediately will be responsible for the implementation of such technical cooperation.

SECTION VII: COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT

TITLE I: GENERAL ASPECTS

Article 554. Scope of Cooperation

1. Acts of cooperation of Peru with the International Criminal Court are:

(a) The arrest and surrender of persons;

(b) The provisional detention;

c) Acts of cooperation provided for in article 93° of the Statute of the International Criminal Court.

2. Also, as they are not specifically included in the international standard, it is appropriate to grant assistance in the cases provided for in subparagraphs (b) to (m) of paragraph (1) of section 511°, as well as in regard to the execution of sentences imposed on nationals for the International Criminal Court.

Article 555. Processing initial requests for Cooperation

1. Requests for cooperation from a body of the International Criminal Court will be received through diplomatic channels and forwarded immediately to the office of the Prosecutor of the Nation, as the central authority. They can also be submitted directly to the office of the Prosecutor of the Nation.

2. The office of the Prosecutor of the Nation, addressed to the Judge of the Preparatory Research requests for cooperation for the arrest and surrender, temporary detention, and of all those laid down in article 511°.

3. If the act of cooperation is: (a) the identification and search of persons or objects; (b) the realization of exhumation and examination of corpses and mass graves; and, c) the identification and determination of the whereabouts of property crime, it is acceptance, and implementation of the Provincial Prosecutor of the place of diligence. If the application, in turn, requires the conduct of inspections; the freezing or seizure of property crime, the Provincial Prosecutor shall request that the Judge of the Preparatory Research dictate the resolution authoritative applicable. Unless required authorization of jurisdiction, the Provincial Prosecutor shall be responsible for the conduct of the work of protection of victims and witnesses.

4. When necessary, and in the interest of justice so requires, the national authorities involved in an act of cooperation shall be required to preserve the secrecy of the proceedings in which that involved. With special emphasis shall be secret the proceedings in both of them can affect the safety and bodily and psychological integrity of the investigation, the victims, potential witnesses and their family members.

Article 556. Consultations and agreements with the International Criminal Court

1. If the execution of an act of cooperation with the International Criminal Court can violate a rule of public order and a fundamental principle of the right, the body will have to decide your admission and development, previously, expressed by resolution or disposition advisory —as is the Judge or the Prosecutor, respectively— the reasons for the likely collision and, privately, shall bring them to the knowledge of the prosecuting Attorney of the Nation.

2. The public Prosecutor's office shall perform the query indispensable with the International Criminal Court in order to resolve the issue. Upon its completion, the public Prosecutor's office shall, and may set in coordination with the International Criminal Court, the possible scope of the cooperation that he would be given the same, to clarify the points of questioning of the tax decision, or judicial or make any other recommendations that it deems appropriate. With that response, the Prosecutor in charge or the competent Judge will decide what you deem to be arranged to the right, with knowledge of the office of the Prosecutor of the Nation.

3. If the cooperation involves the submission of documents, information or disclosure of evidence which could put at risk the national security or State secrets, shall be pursuant to sections above. In this case, the public Prosecutor's office will coordinate with the Ministries, or organs of the State involved and start consultations with the International Criminal Court. If the judicial authority agrees that it is impossible to meet the act of co-operation requested, shall notify its decision to the office of the Prosecutor of the Nation and to the International Criminal Court.

4. The office of the Prosecutor of the Nation, in their relationships with the International Criminal Court, report of the domestic rules of law and the requirements necessary for the due performance of the acts of co-operation requested.

TITLE II: THE ARREST AND SURRENDER OF PERSONS AND THE TEMPORARY DETENTION

Article 557. Receiving and processing

1. Once the office of the Attorney general received the request for arrest and surrender, with all the documents referred to in article 91° of the Statute of the International Criminal Court, it shall refer the proceedings to the Judge of the Preliminary Investigation of the place where it is required, with knowledge of the Criminal Chamber of the Supreme Court.

2. The Judge of the Preparatory Research, immediately, issue a mandate of arrest.

3. Produced the detention and put the extradited to the judicial authorities by the local office of the INTERPOL, the Judge of the Preparatory Research, with citation of the Provincial Prosecutor and taking notice of the fact to the office of the Prosecutor of the Nation, it will take a statement, informing you beforehand of the grounds of arrest and of the details of the request for delivery, and delivered him a copy of the same. Also, will let you know of the right to appoint counsel or if you cannot do the designation of a lawyer. The detainee, if you want it, you can express what it deems advisable in order to the content of the request for delivery, including the questioning of the identity of whom is claimed for international justice, or to reserve its response to the hearing of control of the delivery. If a detainee does not speak Spanish, they will appoint an interpreter.

4. Thereupon, the Judge of the Preparatory Research for a term not more than fifteen days, call a public hearing, to subpoena is required, your defender, the Provincial Prosecutor, the representative that name is the International Criminal Court and, if that is the case, the representative designated by the embassy of the country of which he is a national of the detainee. The participants will be able to present evidence, question or support that may appear in the record of delivery, argue the relevance or irrelevance, formal or material, application delivery, or the reason to favor their pretensions. The hearing starts, the precision of the causal delivery, the detail of the content of the request for surrender and the gloss of documents and items of evidence that it should be accompanied by the effect. Then stopped, if it considers it desirable, shall declare to respect and submit to the questioning of the participants. Then, they would argue for your order and, finally, the accused is entitled to the last word. The file will immediately rise to the Criminal Chamber of the Supreme Court, with knowledge of the office of the Prosecutor of the Nation.

5. The Criminal Chamber of the Supreme Court, prior to transfer of the proceedings raised by the Judge of the Investigation Preparatory to the Prosecutor Supreme and the other participants personados, will likely set a date for the hearing of delivery. The Hearing will be held with the attending, who by his order, shall report orally, starting with the Fiscal and culminating by the attorney required. If it goes out to the audience, he will do it in last place. The Supreme Court issued a resolution advisory in the period of five days. Served with the decision and the expiry of a period of three days will be forwarded immediately to the Ministry of Justice.

6. If the detainee to answer the request for surrender, claiming the occurrence of res judicata, without prejudice to the continuation of the proceedings, the Judge of the Preparatory Research will form a binder with a certified copy of the action taken, and shall remit to the office of the Prosecutor of the Nation, which immediately consulted to the International Criminal Court to report if there was a decision of admissibility of the case. The master record, in the state in which it is found, will be suspended until the response of the International Criminal Court. In this case:

(a) If the cause was admitted, the judicial authority shall at the request for arrest and surrender;

(b) If it was pending the decision on admissibility, the court can determine the suspension of the procedure of delivery, pending the decision of the International Criminal Court.

7. If the Judge of the Preparatory Research, based on the questioning of the arrested, carried out summarily dismissed the findings as applicable, verify that it is not the person required by the international criminal justice, shall so declare immediately, without prejudice to order the detention of the right person and put it in the knowledge of the Prosecutor's office of the Nation and of the Criminal Chamber of the Supreme Court. This decision, even when dictare prior to the hearing, shall preclude the continuation of proceedings. Against it is appropriate to appeal to the Criminal Chamber Top.

8. The required, in any state of the proceedings, be able to give your free and express consent to be handed over to the International Criminal Court. In this case, the court terminated the proceedings. The Criminal Chamber of the Supreme Court, without any red tape, dictate the resolution advisory favorable to the delivery, by sending the actuated to the Ministry of Justice for the purposes of Law.

Article 558. Supreme resolution and Execution

1. The decision on delivery will be by means of Supreme Resolution issued by the Council of Ministers, which shall be communicated to the office of the Prosecutor of the Nation, and the International Criminal Court through diplomatic channels. If the resolution is advisory to the Supreme Court is by refusal of delivery, shall so declare to the Executive Power. On the contrary, the Executive may make the decision accordingly. If this is to refuse the delivery, the office of the Attorney general shall communicate the fact to the INTERPOL.

2. Determined definitively the request for surrender, the International Criminal Court may make another request for the same fact, if the refusal was founded in defects of form.

3. The International Criminal Court must arrange for the transfer of the detainee in the period of thirty days from the date of the official communication. The office of the Prosecutor of the Nation, attentive to the request of the International Criminal Court, when it looked impossible to perform the transfer in a timely manner, may grant an additional period of ten days. At maturity, the arrested person shall be immediately released, and the requesting State will not be able to reiterate the demand for extradition.

4. The International Criminal Court, if it absolves the person surrendered, it shall communicate to Peru that fact and we will send an authenticated copy of the judgment.

5. The International Criminal Court be asked to Peru, the waiver of paragraph 1 of article 101° of the Statute of the International Criminal Court. Previously held consultations with the office of the Prosecutor of the Nation. The waiver request will be submitted directly to the Criminal Chamber of the Supreme Court. Governed, as applicable, paragraph (4) of the preceding article, and the other following rules.

Article 559. Term of the arrest and probation

1. The arrest, in no case may exceed ninety days. The expiration of the term without having resolved the request of delivery, will be available by the judicial authority for their immediate release, without prejudice to impose the restrictive measures or control that discretion to be agreed; also will mandate of impairment output of the country and will hold your passport.

2. The detainee may apply for provisional liberty before the court that, at that time, meet the request of delivery. Of the request, the judicial authority will be aware of the same to the office of the Prosecutor of the Nation, which will communicate with the International Criminal Court to give the necessary recommendations.

3. The court, to resolve the request for interim release and shall take into consideration the recommendations of the International Criminal Court. This will be granted if there are circumstances that justify it and if there are sufficient guarantees for the implementation of the delivery. In this case, it shall issue the mandate of the impediment of departure from the country, and they withhold the passport of the required, without prejudice to other measures of control that the Judge in his discretion agree to prevent leakage and ensure the completion of the delivery. We will continue, as appropriate, the procedure provided for the cessation of the remand prison.

Article 560. Provisional arrest for the purposes of delivery

1. At the request of the International Criminal Court, the Judge of the Preparatory Research, met the requirements set out in article 92° of the Statute of the International Criminal Court, shall issue the mandate of the provisional arrest for the purposes of delivery.

2. The detainee shall be released if the public Prosecutor's office had not received the request for surrender and the documents that match the term of sixty days from the date of detention.

3. The detained provisionally may consent to his surrender before the deadline stipulated in the above paragraph. Governed, as applicable, paragraph 6) of article 521°.

4. Executed a provisional arrest, the Judge of the Preparatory Research will hear the detained person within twenty-four hours, and will be appointed by attorney, public defender, if he does not designate one of your confidence. The detention will cease if it is found that the arrested person is not the person claimed.

5. The released detainee because it was not submitted to the time the request for delivery, may be arrested again, if the request for surrender and the documents deemed to be received at a later date.

Article 561. Concurrency of application delivery and demand of extradition

1. Having concurrence between the application and delivery of a request for extradition relating to the same conduct that forms the basis of the crime for which the International Criminal Court has asked the delivery, the competent authority, with knowledge of the office of the Attorney general, shall notify the fact to the International Criminal Court and the requesting State. The office of the Attorney general shall establish the queries corresponding to a decision in harmony with article 90° of the Statute of the International Criminal Court. The result of their intervention will be communicated in writing to the judicial authority.

2. The demand for extradition process will be pending until the decision on the request of delivery.

3. The request for surrender will prevail over the demand of extradition in accordance with the provisions of article 90° of the Statute of the International Criminal Court.

TITLE III: OTHER ACTS OF COOPERATION

Article 562. Legal Assistance

1. The office of the Prosecutor of the Nation, addressed to the appropriate authority, in accordance with article 555°, the requests for cooperation from the International Criminal Court established under letter b) of paragraph (1) and the first end of the paragraph 2 of article 554°.

2. The process will continue to applications is provided, where relevant, in the articles 532° to 537°.

3. The temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance, will require the detainee to give their free consent, with the assistance of a defense attorney, and ensure the movement is not to be detained or prosecuted based on the statement that pay, except in the case of contempt of court or perjury.

4. If there is concurrence between requests for mutual legal assistance with any other country, the judicial authority immediately give account to the office of the Prosecutor of the Nation in order to establish the consultations with the International Criminal Court and the requesting State, in order to give due compliance. The process will resume to the result of the communication sent to the office of the Prosecutor of the Nation as a result of the consultations undertaken in this regard. Take into consideration the provisions of paragraph (9) of the article 93° of the Statute of the International Criminal Court.

5. The request of the International Criminal Court, which originated from implementation difficulties, without prejudice to the provisions of article 95° of the Statute of the International Criminal Court, will be communicated by the authority in charge of the same to the office of the Attorney general to initiate consultations with the International Criminal Court, in the following cases:

(a) If the information is insufficient for the execution of the application;

(b) If it is impossible to locate the requested person within the application delivery;

c) If the request execution pursuant to its own terms, is in apparent conflict with an obligation assumed by Peru with another State, by means of a Treaty.

6. In the event that the execution of a request for assistance interfere with an investigation or prosecution in the course of a fact other than that, it is a matter of the request of the International Criminal Court, may be deferred to the implementation by the time that is agreed with the International Criminal Court. In any case, the judicial authority may, after declaring the presence of interference, will account to the office of the Prosecutor of the Nation, in order to initiate consultations with the Court to determine, alternatively, the term of the deferral, the execution of the application under certain conditions or, in your case, to agree on measures for the protection of evidence or witnesses, during the period of the deferment.

Article 563. Cooperation with the Prosecutor of the International Criminal Court

1. The Prosecutor of the International Criminal Court, in accordance with article 54 of the Statute of the International Criminal Court, may apply to the acts of co-operation provided for in the previous article, which will be processed and executed according to the rules established in this standard. In any case, before applying formally the act of coordination will consult with the office of the Prosecutor of the Nation, in order to establish the terms of operability and effectiveness of the application that you intend.

2. The Prosecutor of the International Criminal Court will be able to perform on the national territory, the investigations that it deems appropriate and that are authorized in the Statute of the International Criminal Court. To this effect, shall process the request for cooperation to the office of the Prosecutor of the Nation, which pre-coordination with it, referred to the Judge of the Preparatory Research of the place where it should be done the due diligence, which prior to transfer to the Prosecutor and to the interested duly personados, will decide after the hearing of the case within five days. The decision is appealed with suspensive effect before the Criminal Chamber Top. Governed by the provisions of paragraph (2) of article 532°.

3. If it accepts the request of the office of the Prosecutor of the International Criminal Court, as long as you meet the budgets and the conditions laid down in the Statute of the International Criminal Court, its execution is conditioned to not affect rights and guarantees enshrined by law in peru. If yes, provide to the authority a foreign aid required for the fulfilment of those proceedings. The Public Ministry will be quoted and will actively participate in the enforcement procedure.

Article 564. Restrictions on the disclosure and expenses

1. Apply to all requests for co-operation restrictions designed to prevent disclosure of confidential information connected with national defence or security.

2. The ordinary costs for execution of requests for cooperation shall be borne by the peruvian State, with the exceptions set forth in article 100° of the Statute of the International Criminal Court.

TITLE IV: THE EXECUTION OF THE SENTENCE

Article 565. Enforcement of sentences of national

1. The Peruvian State may declare to the International Criminal Court their willingness to accept sentenced persons of peruvian nationality. This decision requires a favourable report from the office of the Attorney general and Supreme Resolution of the Justice Sector with the approval of the Council of Ministers.

2. The Peruvian State will start consultations with the International Criminal Court to determine the scope of the enforcement of sentences and the application of the legal regime of your application, as well as the foundations of the supervision is the responsibility of the International Criminal Court.

Article 566. Enforcement of sentences

1. If the penalty is of imprisonment, the office of the Attorney general, in coordination with the Ministry of Justice shall communicate to the International Criminal Court, the establishment of criminal punishment. Be accompanied by an authenticated copy of the judgment.

2. Execution of the sentence of imprisonment will depend on the express Agreement to reach the Peruvian State with the International Criminal Court. The sentence may not be amended by the jurisdiction of peru. All request for review, unification of sentences, prison benefits, transfer to the detention in another country and other incidents of execution, as well as the resources, are of exclusive competence of the International Criminal Court. The intern will be able to direct orders to the office of the Prosecutor of the Nation, the body that will transfer you immediately to the International Criminal Court.

3. The national authorities shall allow the free and confidential communication of sentenced with the International Criminal Court.

4. The penalty of a fine and the confiscation of property taxes by the International Criminal Court may be executed by the limits of national jurisdiction. Governed, as appropriate, the article 547°.

5. In case of evasion of the damned, an account will be given to the International Criminal Court through the office of the Prosecutor of the Nation, which will start consultations to proceed in accordance with article 111° of the Statute of the International Criminal Court.

SUPPLEMENTARY PROVISIONS

FINAL PROVISIONS

First. Enforcement of the Code of Criminal Procedure*

1. The Code of Criminal Procedure shall enter into force progressively in the different Judicial Districts, according to an Official Calendar, approved by Supreme Decree, issued in accordance with the provisions of Legislative Decree to establish the additional rules and implementation of the Code of Criminal Procedure.

2. The day of 1 July 2006 shall be put in place this Code in the Judicial District designated by the Special Commission of Implementation created by the Legislative Decree No. 958. The Judicial District of Lima will be the Judicial District that will culminate the progressive implementation of this Code.

3. The above-mentioned Legislative Decree shall, also, and transitional provisions relating to the treatment of the processes followed under the previous legislation.

4. Notwithstanding the provisions of paragraph 2, the day on February 1, 2006 shall be in force throughout the country articles 468°-471° and the Book as the Seventh “International Judicial Cooperation” and the provisions, as amended, contained in this Code, except those contained in paragraphs 5, 6 and 7 of the Second Amending Provision, which shall enter into force as of 1 July 2006.

Also, comes into effect on the Code of Criminal Procedure for the criminal offences set out in sections II, III and IV, article 382° to article 401°, chapter II, of title XVIII of book II of the Criminal Code, according to the following:

(a) In the Judicial District of Lima, on January 15, 2011.

(b) In the Judicial Districts of Lima Norte, Lima Sur, and Callao, the April 1, 2011.

c) In other judicial districts in which the Code of Criminal Procedure has not yet entered into force as a whole, the June 1, 2011.

5. [Repealed]

6. Articles 259° and 260° go into effect across the country on July 1, 2009.

* Artículo modificado por los siguientes dispositivos:

1. Ley 28460, publicada el 11 de enero de 2005.

2. Ley 28671, publicada el 31 de enero de 2006.

3. Ley 29372, publicada el 9 de junio de 2009.

4. Ley 29574, publicada el 17 de setiembre de 2010.

5. Ley 29648, publicada el 1 de enero de 2011.

Second. General rules of application

1. The entry into force of this Code according to the forecasts of the previous Provision, the processes in process are governed by the rules laid down in the rules and supplementary implementation of this regulatory body.

2. In any event, except as otherwise expressly provided, shall continue to be governed by the procedural law above the competition rules, the resources impugnatorios brought, the procedural acts that are in the way of enforcement, and the deadlines that they would have started to run.

Third. Effect of requirements of the procedure

They remain valid legal provisions that enshrine requirements of the procedure, or have authorization or prior reports of public bodies to provide for the execution of the preparatory research.

Fourth. Rules And Regulations

1. The Executive Power, by Supreme Decree, shall regulate the scope of the process for effective collaboration is provided in Section VI of the Fifth Book “special processes” of this Code. Also, will respect the measures of protection, as provided for in Title V of Section II, “The Proof” of the Second Book “The activity procedure”.

2. The governing bodies of the Judiciary and the Public Ministry, also, will dictate the rules and regulations that provides for this Code in the term and upon the arrangements which shall lay down the rules and supplementary implementation of the Code of Criminal Procedure.

Fifth. Registration of Precautionary Measures*

The precautionary measures on property registration issued by the court under this Code, or in the process of Extinction Domain, is recorded in the public record as provided by the single merit of the resolution ordering the measure.

Even if there is no match between the registered owner of the object of the injunction and the defendant, shall be recorded such as cursándose the parties to the Public Record, and should the competent officer to comply with the injunction.

* Disposición incorporada por el DL 1373, publicado el 4 de agosto de 2018.

PROVISIONS AMENDMENTS AND REPEAL

First. Control of the Public prosecutor of seized goods

1. Corresponds to the Public Ministry, the monitoring of the bodies which by Law have been created or enabled the storage, administration and disposal during the process of seized goods.

2. The Prosecutor of the Nation, shall promulgate the rules and regulations that become effective supervision of these entities by the Public Ministry.

Second. Amendments to procedural rules*

The articles of the standards indicated below, are written according to the tenor following:

1. [Repealed]

2. “Artículo 4°, Decreto Supremo Nº 006-97-JUS (Texto Único Ordenado de la Ley de Protección Frente a la Violencia Familiar). La Denuncia Policial.-

1. The National Police, in all your offices, you receive complaints of family violence and, without prejudice to the provisions of the Code of Criminal Procedure, shall carry out the investigations that correspond, under the leadership of the Public Ministry, and practice notifications to any place.

2. Complaints may be made by the victim or any person who is familiar with these facts and may be submitted verbally or in writing”.

3. “Artículo 6°, Decreto Supremo Nº 006-97-JUS (Texto Único Ordenado de la Ley de Protección Frente a la Violencia Familiar). La Investigación Preliminar Policial.-

1. The preliminary investigation, police are still in office, regardless of the complainant, under the leadership of the Public Ministry.

2. The National Police, at the request of the victim, with knowledge of the Public Ministry will provide the necessary guarantees in order to safeguard its integrity.”

4. “Artículo 8°, Decreto Supremo Nº 006-97-JUS (Texto Único Ordenado de la Ley de Protección Frente a la Violencia Familiar). El Informe Policial.-

1. The Police Report will be forwarded, as appropriate, to the justice of the Peace or Provincial Prosecutor in the Criminal or the Attorney of the Family, to exercise the functions assigned to it in the present law.

2. The interested party may also request a copy of the Police Report to the effect that you consider relevant or request a referral to the court that he knew of a process on the subject or linked to this.”

5. “Article 7°, Legislative Decree No. 813. Requirement of the procedure.-

1. The Public Ministry, in cases of felony tax, you will have the execution of the Preparatory Research prior report motivated the Body Administrator of the Tribute.

2. The Proceedings Preliminary and, when deemed necessary by the Judge or the Prosecutor in his case, the other acts of the Statement or Preparatory Research, need to have the involvement of the specialized Organ Administrator Tribute”.

6. “Article 8°, Legislative Decree No. 813. Research and promotion of the criminal action.-

1. The Organ Administrator Tribute when, in the course of administrative proceedings, considers that there are indications of the commission of a crime, tax, immediately inform the Public prosecutor's office, without prejudice to continue with the applicable procedure.

2. The Prosecutor, upon receipt of the communication, in coordination with the Body Administrator of the Tribute, you will have what is convenient. In any case, you will be able to order the execution of certain proceedings in the Administration or conduct them by yourself. At any time, you can order the Body to Manager of the tax referred to the proceedings in the state in which it is located and perform by themselves or by the Police the other investigations that might arise”.

7. “Article 19°, Law No. 28008.- Competence of the Public prosecutor.- The criminal customs are indictable profession. When in the course of their actions, the Customs Administration considers that there are indications of the commission of a crime, immediately inform the Public prosecutor's office, without prejudice to continue the procedure that is appropriate.”

8. “Artículo 19°, Decreto Legislativo Nº 701. El ejercicio de la acción penal es de oficio. When the Commission deems that it has infringed article 232° C. Q. will this fact to the knowledge of the Public Ministry.”

* Disposición modificada por la Ley 28395, publicada el 23 de noviembre de 2004.

Third. Repealing Provision

Are hereby repealed:

1. The Code of Criminal procedure, enacted by Act No. 9024, and other rules ampliatorias and amended.

2. The Penal Code, approved by Legislative Decree No. 638, and other rules ampliatorias and amended.

3. All the laws and regulations that oppose this law.

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