The premier Gustavo Adrianzen He said that the Executive is still within the deadline to respond regarding the law that restores preliminary detention.
In a press conference, Adrianzén assured that they are collecting information in this regard in order to make a decision on whether to observe the law or enact it.
“We are waiting to collect all the information from the concerned sectors that will issue an opinion and, from there, the decision will be made to observe it or promulgate it. “We are still within the deadlines,” said the premier, without establishing a specific date.
As is known, in December 2024, the Congress of the Republic sent to the Executive Branch 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.
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