NCJ Number
75201
Date Published
1980
Length
26 pages
Annotation
This seminar paper discusses Peru's arrest and pretrial detention laws and practices.
Abstract
The text focuses first on the actual situations of arrest, detention, and bail. Arrested individuals must be brought before a judge within 24 hours. The judge can order up to 10 days of detention, and a provisional detention can be extended to 50 days. Bail is not allowed. To provide for judicial checks, the laws call for superior court review of all cases involving pretrial detention in July and at Christmas. If the penalty for the crime for which an individual has been detained calls for a period of incarceration of about the same length of time that the accused has already been detained, the court may decide for freedom without trial. After the trial, offenders who have been sentenced to less than 2 years in prison may apply for provisional freedom. In addition, provisional freedom may also be granted to certain detained persons prior to trial. Although Peru's laws encourage a speedy investigation and trial, an increase in crime and lack of criminal justice personnel have resulted in considerable delays. During detention, accused persons have the right to be informed of the charges brought against them and to seek legal counsel; however, such guarantees have not always been fulfilled. Although the State may pay for defenders of poor persons, such defenders seldom show great interest in thier clients. Prison conditions in Peru are poor; 91 percent of the prisons have no medical facilities, 18 percent are without bathrooms, 77 percent do not provide beds or matresses, and all are lacking with regard to prison uniforms and adequate meals. Relevant statutes are identified.