Peru

Political Constitution of Peru

TITLE I
PERSON AND SOCIETY

CHAPTER I
FUNDAMENTAL RIGHTS OF THE PERSON

Article 2

d. No one shall be prosecuted or convicted for any act or omission which was not previously prescribed in the law, expressly and unequivocally, as a punishable violation, or did not constitute an offence penalized by law.

e. Every person has the right to be presumed innocent until proved guilty.

f. No one shall be arrested without a written warrant issued by a judge for cause or by police order in case of flagrante delicto. The arrested person shall be placed at the disposal of the proper court within twenty-four hours or within the distance time limit.

In cases of terrorism, espionage and illicit drug trafficking, those terms shall not apply.

In such cases, police officers may make the preventive arrest of those allegedly involved for no more than fifteen calendar days. They shall notify the Office of Prosecutor General and the judge, who shall assume jurisdiction before that period of time is expired.

g. No one shall be held incommunicado, except in cases where it is considered indispensable for clarifying a crime and in the form and for the time provided by law. The authority is obliged by law to report without delay and in writing, the place where the individual under arrest is being held.

h. No one shall be a victim of moral, psychical or physical violence, nor be subjected to torture or inhuman or humiliating treatment. Any individual may immediately request a medical examination of the injured person or of someone who is unable to appeal to the authorities by himself. Statements obtained by means of violence are null and void. Whoever employs them, will be held liable.

Keywords

Fair trial standards



EDIT.