The standard seeks to change articles of Penal Code and of the New Criminal Procedure Code. the president Dina Boluarte proposed this measure through a letter addressed to the president of Congress, José Williams.
He Government of Dina Boluarte has submitted a bill to the Congress of the republic in order to aggravate the penalties for crimes committed during a state of emergency. For this, it seeks to modify the Criminal Code and the New Code of Criminal Procedure. The proposal was presented by means of a letter addressed to the president of the Legislative branch, Jose Williams.
According to the document, the objective of the regulation is to “strengthen the State’s response to crimes that affect life, body and health, as well as public and private property committed during the term of a state of emergency“.
In the explanatory statement, the text cites the Constitutional Court, which points out, for example, that although there is a fundamental right to protest, it does not cover the use of violence as an end or mechanism. The TC also indicates that “theThe authors of the excesses, violent acts or crimes must be punished without repressing all those who participate in the protest“.
Thus, the violation of residence goes from a sentence of no more than 2 years in prison to between 2 and 4 years. If by means of violence communication routes are obstructed or free movement is impeded, the prison sentence goes from 5 to 10 years to between 6 and 10 years. The aggravated forms of usurpation go from between 5 and 12 years in prison to between 8 and 15 years.
The penalty for aggravated damage to another’s property goes from between 1 and 6 years in prison to between 4 and 8 years in prison. That of danger by means of fire or explosion goes from between 3 and 10 years in prison to between 4 and 12 years.
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What modifications in the Penal Code does the Government propose?
He Executive power seeks to make changes to articles 121, 122, 159, 186, 189, 200, 204, 206, 273, 279, 279 – A, 279 – B, 279 – G, 280, 283, 315, 365, 366 and 367 of the Penal Code. Among the modifications are:
| Article | current sentence | Penalty during state of emergency |
| 159. Violation of residence | Penalty of not more than 2 years in jail. | Between 2 and 4 years in prison. |
| 200. Through violence or threats, means of communication are obstructed or the free movement of citizens is impeded or the normal functioning of public services is disturbed. | Between 5 to 10 years in prison. | Between 6 and 10 years in prison. |
| 204. Aggravated forms of usurpation. | Between 5 and 12 years in prison. | Between 8 and 15 years in prison. |
| 206. Aggravated damage to another’s property. | Between 1 and 6 years in jail. | Between 4 and 8 years in jail. |
| 273. Danger through fire or explosion. | Between 3 and 10 years in jail. | Between 4 and 12 years in jail. |
| 279. Manufacture, supply or possession of hazardous materials. | Between 5 and 15 years in prison. | Between 10 to 20 years in jail. |
| 279-B. Subtraction or seizure of firearms. | Between 10 and 20 years in jail. | Between 12 and 22 years in jail. |
| 279-G. Manufacture, sale, use or possession of weapons | The penalties range from 6 to 15 years in prison. | Between 12 and 20 years in prison. |
| 280. Obstruction to the operation of public services | The penalties range from 4 to 8 years in prison. | Between 8 and 10 years in jail. |
| 365. Violence against authority to force him to do something. | Sentence not exceeding 2 years. | Penalty of not more than 4 years. |
| 366. Violence against the authority to prevent the exercise of its functions. | Between 2 and 4 years in jail. | Between four and 6 years in jail. |
How many people have died during the protests against the Government and Congress?
victims. According to the latest daily report on the political crisis and social protest of the Ombudsman, 48 civilians have been killed during clashes with law enforcement. Likewise, 11 people have lost their lives due to events related to the road blockade. On the other hand, a policeman died in the context of the conflict.
