Following the delegation of legislative powers by Congress, the Executive Branch has issued a legislative decree that establishes amendments to the Criminal Code regarding the conversion of punishment into immediate expulsion, migrant trafficking, and clandestine re-entry into Peru.
The
document contains the amendment to
Article 52, which indicates that judges may order the immediate expulsion of those sentenced to prison for no less than 4 nor more than 10 years, provided that they have served two-thirds of the sentence (time).
However, it establishes that this measure may not be applied to those who have been sentenced for the crimes of human trafficking and its aggravated forms, sexual exploitation and its promotion or favoring, child pornography, slavery, forced labor, aggravated theft, robbery, aggravated robbery, among others.
Likewise, the decree modifies Article 303-A, referring to the illicit trafficking of migrants. Thus, it establishes that those who facilitate not only the entry but also the illegal re-entry of foreigners or their irregular transit will be punished with imprisonment of not less than 4 years nor more than 6.
Furthermore, the regulation incorporates an article into the Criminal Code that establishes the penalties for foreigners with a final sentence who illegally re-enter Peru.
It is noted that, in this case, the sanction will be imprisonment of no less than 2 nor more than 4 years. Meanwhile, a penalty of no less than 3 nor more than 6 years will be applied to those who have been banned from entering the country.
It also provides that those who re-enter Peruvian territory using a fake identity card or travel document, or failing to provide the truth in the information required by the authority to authorize entry or exit, must be punished with a custodial sentence of no less than 3 nor more than 7 years.
The document was signed by the President of the Republic Dina Boluarte, Cabinet Chief Alberto Otarola, as well as Ministers Eduardo Arana (Justice-Human Rights), Ana Cecilia Gervasi (Foreign Affairs), and Vicente Romero (Interior).