The Constitution Commission of the Congress of the Republic approved this morning, by majority, the opinion that reforms the Constitution in order to extend from 48 hours to 15 days the detention period in case of flagrante delicto for cases of hitmen and extortion.
In addition, the rule incorporates the stock market reserve in cases that can be lifted at the request of the judge, the nation’s prosecutor, an investigative commission of Congress, the comptroller general or the Superintendency of Banking and Insurance. Currently the Constitution only contemplates the cases of banking secrecy and tax reserve.
Twenty legislators from different parties supported the proposal; There were no votes against, but there were two parliamentarians who abstained: Wilson Soto from Acción Popular and former perulibrist Margot Palacios.
According to the proposal, which modifies article 2 of the Magna Carta, the maximum constitutional period of 48 hours currently established for the detention of a person will not apply in cases of extortion and contract killings. Currently, this exception only applies to cases of terrorism, espionage, illicit drug trafficking and other crimes committed by criminal organizations.
Along these lines, the opinion – which must still be debated and approved by the Plenary of Congress – allows the detention for both crimes (extortion and hitmen) to be carried out “for a period of no more than fifteen calendar days” and reporting “to the Public Ministry and the judge, who can assume jurisdiction before said period expires.”
Congresswoman Gladys Echaíz supported the proposal, indicating that in the current situation of citizen insecurity, there is an increase in the commission of both crimes. In contrast, however, he said, there is information about the release of many criminals due to the lack of sufficient evidentiary elements.
“According to a report from the Public Ministry, we would have 17,189 complaints as of August in terms of extortion, and 2,456 in hitmen, but what is the number of those sentenced for extortion? There are 62 and 92 for hitmen between 2024 and 2025; almost nothing in relation to the magnitude of growth of this type of crimes,” he observed.
Along these lines, the former national prosecutor also outlined the complexity of this type of investigation that includes, among other things, the verification of call records, the ownership of telephone lines linked to incriminated bank accounts, etc., which is why she stressed that the extension of the detention periods in flagrante delicto is justified.
Alejandro Muñante, for his part, highlighted that the ruling will serve as a “tool to confront crime.” “The precarious situation of our justification system is known and that due to the lack of convincing elements there are prosecutors and judges who release criminals still detained in flagrante delicto because the expertise did not come out on time or other factors. This norm is a very favorable innovation in times of high crime,” he stressed.
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