He Government of Dina Boluarte made official the modifications to the Law 32108known as the law against organized crime, despite the fact that transport unions demanded the repeal of the rule. Contrary to citizen requests, the obligation for raids to be carried out with the presence of a lawyer is maintained, but it is established that it will be the public defense until the defender of the intervened party arrives.
Likewise, it is established that for crimes to be considered organized crime they must be punished with a custodial sentence equal to or greater than five years.
The definition of criminal organization is as follows: “Any group with a complex developed structure and greater operational capacity composed of three or more people on a permanent basis or for an indefinite period of time who, in a concerted and coordinated manner, distribute correlated roles among themselves, for the commission of extortion crimes. , kidnapping, hired assassination and other crimes punishable by imprisonment equal to or greater than five years at its minimum, in order to obtain, directly or indirectly, an economic or other material benefit. 82 congressmen voted in favor.
Another part that has been modified has been the specification of what types of crimes are covered by the law.
“For the commission of crimes of extortion, kidnapping, hired assassination and other crimes punishable by imprisonment equal to or greater than five years at its minimum,” it specifies.
Who voted in favor of the modifications?
Among the main groups that votedIn favor of the modifications to Law 30077 are Fuerza Popular (with 19 votes), Alianza para el Progreso (with 10 votes) and Perú Libre (with 9 votes). While the banks that were against are Democratic Change, Democratic Bloc and the Socialist Bank.
Those of the following parliamentarians were added to the Fujimori votes:
- Maria Acuna Peralta
- Roberto Chiabra
- Manuel García Correa
- Lidia Heidinger
- Roberto Kamiche
- Jorge Marticorena
- Magaly Ruiz
- Alejandro Soto
- Rosio Torres
- Jose Arriola
- Guido Bellido
- Juan Burgos
- Darwin Espinoza
- Jorge Luna
- Francis Paredes
- Maria Aguero
- Waldemar Cerron
- Flavio Cruz
- Americo Gonza
- Isaac Mita
- Kelly Portalatino
- Abel Reyes
- Maria Taipe
- Miguel Ciccia
- Maria Cordova
- Noelia Herrera
- Maria Jauregui
- Esdras Medina
- Alejandro Muñante
- Cheryl Trigoso
- Norma Yarrow
- Jorge Zeballos
- Luis Aragon
- Raúl Doroteo
- Ilich Lopez
Law 32108: what points were modified in the replacement text?
Regarding the definition of criminal organizationthis is still considered a “complex structure composed of three or more people.” The Plenary Session of Congress approved reducing the custodial sentence for crimes such asextortionkidnapping and hired assassination, from 6 to 5 years, provided that said acts are carried out with the purpose of obtaining an economic or material benefit, either directly or indirectly. It should be noted that in the replacement text the inclusion of the crime of control of an illegal economy or market was eliminated.
Regarding procedures during raids, the search and seizure may be carried out with or without the presence of the person under investigation. However, the presence of a public defense lawyer will be mandatory from the beginning of the execution of the measure, under the functional responsibility of those who execute it.
