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February 23, 2023
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Government presents PL to toughen penalties for crimes during a state of emergency

Government presents PL to toughen penalties for crimes during a state of emergency

The standard seeks to change articles of Penal Code and of the New Criminal Procedure Code. the president Dina Boluarte proposed this measure through a letter addressed to the president of Congress, José Williams.

He Government of Dina Boluarte has submitted a bill to the Congress of the republic in order to aggravate the penalties for crimes committed during a state of emergency. For this, it seeks to modify the Criminal Code and the New Code of Criminal Procedure. The proposal was presented by means of a letter addressed to the president of the Legislative branch, Jose Williams.

According to the document, the objective of the regulation is to “strengthen the State’s response to crimes that affect life, body and health, as well as public and private property committed during the term of a state of emergency“.

In the explanatory statement, the text cites the Constitutional Court, which points out, for example, that although there is a fundamental right to protest, it does not cover the use of violence as an end or mechanism. The TC also indicates that “theThe authors of the excesses, violent acts or crimes must be punished without repressing all those who participate in the protest“.

Thus, the violation of residence goes from a sentence of no more than 2 years in prison to between 2 and 4 years. If by means of violence communication routes are obstructed or free movement is impeded, the prison sentence goes from 5 to 10 years to between 6 and 10 years. The aggravated forms of usurpation go from between 5 and 12 years in prison to between 8 and 15 years.

The penalty for aggravated damage to another’s property goes from between 1 and 6 years in prison to between 4 and 8 years in prison. That of danger by means of fire or explosion goes from between 3 and 10 years in prison to between 4 and 12 years.

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