The government highlighted the enactment of regulations that provide new tools to confront crime, under the legislative powers granted by Congress and with a commitment to strengthening public security.
Among the measures enacted is Legislative Decree No. 1696, which strengthens the principle of authority.
The provision states that anyone who disobeys or resists a lawful order issued by a public official in the exercise of their duties—except in cases involving the person's own arrest—shall be punished with a prison sentence of no less than five (5) and no more than eight (8) years.
Similarly, it restricts the application of suspended sentences. These may only be granted when the sentence does not exceed five (5) years of imprisonment, provided the convicted person is neither a repeat nor habitual offender, and the judge—through a duly reasoned decision—concludes that the individual will not reoffend.
Likewise, it establishes that suspension may be applied, on an exceptional basis, to prison sentences of up to eight (8) years, solely in cases involving individuals with no criminal record who were under 25 years of age at the time of the offense. In such cases, the judge is required to provide enhanced justification.
The legislative decree prohibits the application of this benefit to public officials or civil servants convicted of intentional corruption offenses, as well as to those who commit crimes involving violence against women and family members, among other serious offenses.
Illegal possession of firearms
Meanwhile, Legislative Decree No. 1697 amends Article 279-G of the Criminal Code in order to broaden the scope of the regulatory framework applicable to illegal firearms possession.
It specifies that the penalty will also apply to shared possession of firearms, ammunition, accessories, or materials intended for their manufacture or modification. In such cases, a prison sentence of no less than eight (8) and no more than twelve (12) years will be imposed.
Computer equipment
Finally, Legislative Decree No. 1698 was published, incorporating Article 230-A into the Criminal Procedure Code.
This provision applies in cases of arrest in flagrante delicto for crimes such as extortion, contract killing, or kidnapping, authorizing police agents—upon prior approval from the Public Ministry (Prosecutor's Office)—to review the information contained in computer equipment found in the suspect's possession.
The regulation also establishes that this authority may be exercised within penitentiary facilities when computer equipment is found during unannounced operations.
Authorization is granted when the action is deemed indispensable for achieving the objectives of clarifying the incident.
In addition, at the conclusion of the investigative act, the prosecutor will request the corresponding confirmatory ruling from the competent judge.
(END) NDP/MCA/JCC/MVB