Dina Boluarte already has bill No. 9733 that restores the preliminary detention judicial in cases of non-flagrant after Congress sent it for its respective promulgation. The initiative was approved last weekend with 79 in favor, 8 against and 0 abstentions. The majority approval was due to the fact that several alleged criminals were released due to the current norm.
Such a situation generated that both the Public Ministry and the Judiciary will speak out against the law that eliminates preliminary detention in acts of flagrancy and will urge the Congress modify this so as not to continue benefiting those investigated.
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In case the norm is promulgated by Boluarte ZegarraStarting the next day, judges — at the request of the prosecutor — may impose preliminary detention in cases of flagrancy; However, they will have to support reasonable elements of conviction to dictate the measure against the citizen who has committed a crime that is punishable by a custodial sentence of more than 4 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: A) There is no case of criminal flagrancybut there are reasonable elements to consider that a person has committed a crime punishable by imprisonment for more than 4 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 document reads.
The bill sent to the Executive has the signatures of the president of the Congress, Eduardo Salhuanaand the first vice president, Patricia Juarez. If there are no observations, Dina Boluarte will have 15 days to approve and promulgate the standard
Public Ministry and Judiciary demand that Congress restore preliminary detention in case of flagrancy
On December 12, the Prosecutor’s Office requested the Congress the restitution of the preliminary arrest in case of non-flagrant after the release of 10 investigated from the alleged criminal organization “The Green Hyenas”who have been investigated for the alleged crimes of extortion, aggravated homicide, concealment and illegal possession of firearms.
“We urge the Congress of the Republic to restore in its entirety and without modifications the text of the previous law that allowed preliminary detention, with the objective of continuing to confront organized crime in our country,” requested the Prosecutor’s Office.
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The Criminal Appeals Chamber of the Superior Court of Justice of Huaura revoked the preliminary detention for 15 days against those investigated, which includes 3 police officers, due to the law approved by Parliament in which preliminary detention in cases of non-flagrant detention was eliminated.
For his part, the Judiciary held responsible Congress for the release of those investigated by the alleged criminal organization The Green Hyenasafter declaring the defendants’ appeal request founded in compliance with the law No. 32181which eliminates preliminary detention in cases of flagrancy.
“It must be specified that the release of those investigated occurs exclusively in compliance with the aforementioned law and that, since it refers to the freedom of the accused, it could not fail to be the subject of a ruling by the Chamber,” the court stated. Judiciary.
Congress: what are the cases in which those under investigation were released applying the current preliminary detention rule?
The current law No. 32181 benefited those investigated for serious crimes after the Congress will approve this rule that eliminates preliminary detention in cases of flagrancy. One of the most striking cases that could benefit from this rule is the case of the alleged criminal organization ‘The Green Hyenas‘, who were released on December 12, as confirmed by the Judiciary.
The alleged criminal organization would be made up of 10 people, including 3 police officers, who are charged with the crimes of extortion, qualified homicide, concealment, illegal possession of firearmsamong others. Those investigated had been serving a 15-day preliminary detention.
The Public Ministry reported that the prosecutor in charge of the case will impose an appeal for cassation so that the Permanent Criminal Chamber of the Supreme Court reviews and rectifies its decision.
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On the other hand, in the AeluCoop caseLaw No. 32181 was applied in favor of those investigated for the alleged fraud of more than S/700 million in the Aelu Cooperativein which the release of 11 people who are under investigation was ordered. The judge Raúl Justiniano Romero highlighted that the standard approved by the Congress to those allegedly involved who were arrested on November 30.
“Law 32181, published on December 11, 2024 and in force since December 12, which repeals article 261, paragraph 1, literal A, of the Constitutional Criminal Code, in the area of preliminary detention.there is no institution of preliminary detentioncould not, consequently, be applied or executed, having already been excluded from our legal system, by theCongress of the Republicand endorsed by the President of the Republic (Dina Boluarte),” said Judge Raúl Justiniano Romero.
