The government of Dina Boluarte did not observe the legislative proposal of Waldemar Cerrón which modifies the Law against the Organized crime to exclude 59 types of crimes from the 91 originally included; and which orders that the searches be carried out in the presence of the person under investigation and his lawyer. In this way, the autograph will return to Congress to be promulgated.
Law against Organized Crime: what changes does it propose?
The Bill No. 5891/2023/CR, which modifies the Law against the Organized crimecontains various changes that would be detrimental to citizens. Of the 91 types of crimes in total, 59 are excluded. With this, illegal logging, aggravated fraud, the sale of organs, illicit enrichment and illegal trafficking of migrants would no longer be included as serious crimes.
What is proposed Cerrón is that crimes that do not have prison sentences of more than six years are no longer considered “serious”. In this way, the aforementioned illegal actions would avoid a more rigorous judicial process.
Another of the amendments concerns the process of searching buildings or closed places that are not related to a flagrant crime. The initiative establishes that this will only proceed if there are reasonable grounds and sufficient evidence to justify it. In addition, this process must be carried out in the presence of the interested party and his lawyer.
In the event that the interested party does not have a lawyer, one must be provided ex officio or, alternatively, contact the Local Bar Association to assist the accused. Exceptionally, the search may be carried out in the presence of an adult relative of the person concerned or, failing that, two witnesses from nearby areas.
Ministry of Justice acknowledges that modification to the Law against Organized Crime violates the Constitution
A recent report from the Directorate General of Criminological Affairs (DGAC) of the Ministry of Justice determined that the law that modifies the concept of criminal organization and requires the presence of a lawyer during raids completely contravenes the Political Constitution of Peru.
The document stresses that the principle of specificity prevents arbitrary and unfair interpretations of criminal laws. If the law is enacted, according to the report, it will violate Article 2 of the Constitution.
Gustavo Adrianzén reported that Dina Boluarte’s government was evaluating the questionable rule
In conversations with the media, the President of the Council of Ministers, Gustavo Adrianzen, He noted that the Government of the President Dina Boluarte is currently evaluating the aforementioned regulation, which has been questioned by different sectors for its content and which could favor those under investigation.
“Our technicians continue working on the two standards and we are waiting for them to be defined based on the discussions that are being held in order to adopt a position that definitely has to occur before the deadline,” the head of the PCM told reporters after participating in the 220th anniversary of the Lima Bar Association (CAL).
However, according to the website of the Congress It is observed that the Law has not been observed by the Executive, which could lead to the current head of the Legislative Board of Directors, Eduardo Salhuanahave the power to order that the proposal be made official in the newspaper El Peruano.
The Legislative website shows that the Executive has not observed the new Law against Organized Crime. Photo: Congress.
