With 79 votes in favor, 8 against and 0 abstentions, the Congress Plenary approved the alternative text of Bill 9733, which seeks to restore and modify literal a) of numeral 1 of article 261 of the New Criminal Procedure Code, Legislative Decree 957, related to preliminary judicial detention in cases of non-flagrant.
Consequently, judges may impose preliminary detention when there is no flagrancy, but they must provide reasonable elements with which it can be considered that the accused person committed the criminal act that carries a prison sentence of more than four years.
“The judge of the preparatory investigation, at the request of the prosecutor, issues a duly reasoned resolution, taking into account the actions submitted by him, and issues a preliminary detention order when there is no case of flagrante delicto, but there are reasonable elements to consider that a person has committed a crime punishable by a prison sentence of more than four years and, due to the circumstances of the case, there are reasonable indications of the possibility of escape or obstruction of the investigation of the truth,” the proposal reads.
The norm was supported by Isaac Mita Alanoca (PL), president of the Justice and Human Rights Commission. In that sense, Ruth Luque highlighted that the proposal reflects the agreement of all parties to combat crime in the country.
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Congressmen who were in favor of eliminating preliminary detention, now voted to restore it
Congressmen such as Maricarmen Alva and Alejandro Muñante from the Popular Renewal bench, were in favor of the law, they voted in favor of the opinion in the Justice Commission on June 27, when it already established repealing preliminary detention in cases of non-flagrancy and because it was approved, it was debated in the Plenary Session of Congress on November 6. But now, both congressmen voted for it to be restored.
