Guidance
ANNEX B: Criminal Proceedings in Peru
Updated 22 October 2024
CRIMINAL PROCEEDINGS | |||
---|---|---|---|
STAGES | Ìý | MOMENT | LEGAL DEADLINE |
Criminal reports | Complaint or Police report | Ìý | Ìý |
Stage one. | Preliminary diligences. | With detention of because of blatancy | 24 hours |
Ìý | Ìý | With preliminary detention. | 72 hours, can be extended until a maximum of 7 days, in case of certain characteristics or circumstances of special complexity. |
Ìý | Ìý | Without detention. | 60 days. |
Ìý | Ìý | Detention for cases for terrorism, espionage and drug trafficking. | 15 days. |
Ìý | Preparatory investigation by the Prosecutor. | Common cases. | 120 days, the Prosecutor may extend it only once for up to 60 days. |
Ìý | Ìý | Complex cases. | 8 months, extendable. |
Ìý | Ìý | In the case of investigation of crimes perpetrated by criminal organizations. | 36 months. |
Intermediate stage | Accusation. | Prosecutor makes accusation. | 15 days. |
Ìý | Ìý | Or Prosecutor requests dismissal. | 15 days. |
Judging stage | Oral trial. | Ìý | 10 days or more. |
Ìý | Evidence. | Evidence is presented before Court. | During hearing. |
Ìý | Closing arguments. | Ìý | During hearing. |
Final stage | Deliberations. | Judges deliberate. | 2 days. |
Ìý | Judge sentence. | Judges deliberate. | Immediately after the deliberation. |
Objection | Remedies. | Replacement. | 2 days. |
Ìý | Ìý | Appeal against decision. | 3 days. |
Ìý | Ìý | Appeal against sentences. | 5 days. |
Ìý | Ìý | Nullification. | 10 days. |