Given the increase in citizen insecurity in the country, The Government decided to analyze the bill related to the preliminary arrest without flagrante delictoinstead of quickly enacting and reinstating it. This initiative, which aims to increase the minimum sentence from 4 to 8 years, would exclude 88 serious crimes from preliminary detention, including corruption, sexual exploitation, organ trafficking and forced labor, warned Ricardo Valdés, executive director of CHS Alternativo.
During the first days of January, Sinadef reported an average of 13 daily murders in the country, reflecting an escalation in violence. Faced with this situation, the elimination of preliminary detention in cases of flagrante delicto represents a setback. Although Congress tried to reinstate the measure with bill 9733/2024-CR, the proposal of the Executive has raised questions for limiting its application to “very serious” crimes, leaving out two-thirds of the cases that previously qualified.
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Valdés explained that, of the 135 crimes previously contemplated, only 47 criminal types could be subject to preliminary detention with the new observations, leaving 88 out. This includes crimes such as serious injuries, migrant smuggling, corruption and sexual violation by deception, which would be out of reach.
Added to this is illegal mining, trafficking of forest products, apology for terrorismcriminal gangs, participation in armed groups led by foreigners, international bribery, active and passive bribery, influence peddling, illicit enrichment and incompatible negotiation, among others.
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According to the specialist, this modification not only weakens the investigative capacity of the Public Ministry, but also encourages impunity and limits the effectiveness of crucial tools such as effective collaboration.
Likewise, the former vice minister of the Interior also warned that, in cases such as the attack against the headquarters of the Prosecutor’s Office in Trujillo, the perpetrators may not be arrested if they are not caught in flagrante delicto. This situation highlights the need to maintain regulations that allow act effectively against crime.
According to the observations of Executivethe increase in the minimum sentence seeks to reinforce the presumption of innocence and avoid confusion between preliminary detention and preventive detention. However, Valdés questioned the intent behind the proposal, noting that it appears designed to protect corruption crimes by establishing general barriers that affect a broad spectrum of crimes.
Additionally, this measure could hinder access to critical evidence supporting court cases, such as documents and testimonies obtained through preliminary arrests. This, according to Valdés, puts the capacity of the justice system at risk. to stop the advance of organized crime and corruption.
Faced with this situation, Valdés called on the Congress to reverse the modifications proposed by the Executive. He stressed that preliminary detention in cases of non-flagrant detention is an essential tool to guarantee that the Public Ministry can access compelling evidence and stop the advance of crime in the country.