The government of Dina Boluarte promulgated the provision that repeals preliminary detention in cases of non-flagrant —thus allowing those who commit crimes not to be subjected to this process when the authorities are subsequently notified about their commission—, the proposal has been widely rejected by various sectors of society. In response, the congresswoman Ruth Luque presented a legislative initiative to annul said enactment. This initiative also has the signatures of parliamentarians Sigrid Bazán, Edgard Reymundo and Susel Paredes, also members of the Popular Democratic Bloc bench.
Luque’s legislative initiative aims to repeal the Law 32181 and reestablish “a legal framework that strengthens the fight against crime.” According to what is stated in the letter, it also seeks to “guarantee that restrictive measures of rights, such as preliminary detention and preventive detention, are applicable both in cases of flagrante delicto (when the crime is being committed or has just been committed) and not flagrancy (when the crime has already occurred, but there is sufficient evidence to act)”. Likewise, it aims to “ensure that people convicted of serious crimes fully serve the prison sentences imposed on them.”
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To achieve this, Luke proposes the restitution of all the norms previously repealed by the promulgation of Dina Boluarte. Given this situation, the parliamentarian of the Popular Democratic Bloc submitted a request to the president of the Congress of the Republic, Eduardo Salhuanain order for the law to be debated directly in the Plenary Session of Congress, without the need to go through the corresponding commissions. In spokesperson boardsaid request was approved. Therefore, the project will be debated and voted directly in the Congress Plenary.
Víctor Cubas, spokesperson for the Public Ministry, speaks out against the elimination of preliminary detention
In this regard, the spokesperson for Public Ministry, Victor Cubasexpressed his rejection of the elimination of preliminary detention after President Dina Boluarte enacted this measure. Cuba warned that even criminals like Gerson Alexander Juárez Tapiathe subject who murdered a 12-year-old girl in Villa María del Triunfo, could be favored with the new law that comes into effect this Thursday.
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“By not being caught red-handed, there is no way for the Police can capture it. Furthermore, tomorrow (today, Thursday, December 12) this legal provision comes into effect, and nothing prevents the lawyer from arguing that his client is illegally detained because he was not caught flagrante delicto. It will depend on how the judges interpret the provision to declare the request founded or unfounded,” Cubas said in statements to RPP.
