He Congress of the Republic sent to Executive power the signature of the law that restores preliminary imprisonment in cases of flagrancy.
The replacement text of Bill 9733 was approved with 79 votes in favor, eight against and no abstentions. This measure was taken after questions regarding the rule that abolished this judicial figure and which was promulgated by President Dina Boluarte on December 11.
The questioned decision caused the Appeals Chamber of the Superior Court of Huara to release ten alleged members of the criminal organization ‘Las Hyenas Verdes’, in compliance with the norm.
Given this, Parliament decided to correct the modification and restored preliminary detention in cases of non-flagrant delicto. In that sense, the norm restores literal A) of numeral 1 of article 261 of the New Criminal Procedure Code. This modification establishes that the preparatory investigation judge, at the request of the prosecutor, issues a preliminary detention order even when there is no case of criminal flagrancy.
“[Cuando] There is no case of flagrante delicto, but there are reasonable elements to consider that a person has committed a crime punishable by imprisonment for 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”, indicates the norm.
President Dina Boluarte must decide whether to promulgate the rule or observe it so that it returns to the Legislature.
Now available in Yape! Find us at YAPE Promos.
RECOMMENDED VIDEO
