Government formalizes law so that police officers exceed the use of their weapons: rule limits intervention of judges and prosecutors

The Government of Dina Boluarte has enacted a law exonerating liability to the members of the National Police of Peru (PNP) in situations where the use of your firearm results in injury or death to another person. The resolution, which was published in the newspaper El Peruano, specifies that neither a prosecutor nor a judge may request or impose preliminary arrest or preventive detention against the police officer involved.

The regulations that carry the signatures of the president Dina Boluartethe head of the Council of Ministers (PCM), Gustavo Adrianzenthe president of Congress, Eduardo Salhuanaand the first vice president Patricia Juarezaims to “guarantee the principle of innocence and provide greater protection to the personnel of the National Police of Peru.”

Police officers cannot be arrested for using their firearms.

Furthermore, it was enacted Law No. 32182 which modifies the law on the Fiscal Career and the Judicial Career and establishes as a “serious offense” detaining or releasing people who are detained in flagrante delicto by a member of the police or citizen. Likewise, the law classifies as a serious offense if a prosecutor does not request the preventive detention of a detained person or if he omits evidence so that the judge does not declare the request founded.

This law will come into force throughout the country starting at 00:00 the following day; That is, it will take effect starting tomorrow, Thursday, December 12.

“The restrictions provided for in article 288 will be imposed on the personnel of the National Police of Peru in a situation of activity in cadres who, in the exercise of their constitutional function, use their weapons or means of defense in a regulatory manner and, as a consequence of this, an injury or death occurs, the prosecutor and the judge being prohibited from requesting and to issue a mandate for preliminary judicial detention and preventive detention, respectively, under functional responsibility,” the resolution reads.