Just before 2024 ends, the Government of Dina Boluarte The law that restores preliminary detention in cases of non-flagrant detention has not yet been enacted. Meanwhile, many investigated for alleged criminal acts benefit and are released by the justice system, as already happened with the 10 alleged members of the criminal organization ‘Las Hienas Verdes’ and the 11 people arrested for alleged fraud in the Aelu Cooperative.
In the same way, due to this law, the late former president of Frigoinca, Nilo Burga, could not be arrested on December 13 for allegedly leading a criminal organization that bribed officials of the Qali Warma program in order to obtain national contracts.
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Law that eliminates preliminary detention in cases of flagrancy
The presidential spokesperson had the same fate, Freddy Hinojosa, who escaped 10 days of preliminary detention for allegedly being involved in a corruption network within Qali Warma when he served as director of said school feeding program.
However, the provision that repeals preliminary detention in cases of flagrancy, hidden in Law 32181, is not the only norm that the first branch of the State has promulgated to benefit criminals. Before that, last October, the entire country mobilized to demand the elimination of the reforms to the law against organized crime.
Law against organized crime
Law No. 30077, regulation against organized crime, modified by Law No. 32108. This reform excludes the crimes of fraud on the administration of legal entities and private corruption from the category of “organized crime.” As a consequence, these crimes can no longer be prosecuted under this legal framework, which raises concerns about possible scenarios of impunity by limiting the legal mechanisms applicable to their prosecution.
In detail, Law No. 32108 modifies the legal concept of “criminal organization”, which could change the way in which these crimes are pursued and punished. Requiring the presence of the accused in raids could delay or hinder certain criminal investigations, affecting their speed.
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Law that extends the deadline to formalize artisanal mining
Following the line of criminality, another of the regulations promulgated by the Government is one that benefits illegal mining. This is the modification to the Extends within a period of 6 months of validity of the comprehensive mining formalization process. However, by extending the mining formalization period, it could perpetuate illegal mining and increase the risks associated with informality, since it does not guarantee effective control or adequate sanctions. The restructuring of the REINFO Registry could allow illegal activities to be registered as “formalized”, without solving the fundamental problems of illegal mining in Peru.
