Peru's Executive Branch on Friday published the Urgency Decree No. 018-2020, which provides measures to
with sentences lesser than seven years and to facilitate the reintegration into their home countries.
The regulation published in the official El Peruano newspaper affirms that the National Penitentiary System has a capacity of 39,323 units of shelter.
However, the prison population exceeds 95,000, which means there is 143% overcrowding.
In this regard, the regulation points out that —in order to access this special exit benefit
— the following rules must be observed: when the aggrieved subject is a natural person, proof of payment or a guarantee of civil reparation is required.
Likewise, when the aggrieved party is only the State, it is not required to prove payment, a guarantee of civil reparation or days of fine, which does not affect the Peruvian State's right to later collect both amounts.
Finally, when the State and natural persons are involved as aggrieved parties, the only requirement is to provide proof of payment or guarantee of civil reparation in favor of the aggrieved party.
It should be noted that if the sentenced person lacks sufficient economic means or there are well-founded humanitarian reasons, the person could request the judicial authority to reduce or exempt the civil reparation with respect to the individual victim. This situation must be corroborated by a competent official of the National Penitentiary Institute with the issuance of a socio-economic report, as indicated in the decree.