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