PJ Dina Boluarte ordered the thief's sentence commuted from five years in prison to community service

Decree 1585 makes it easier for criminals to leave prison or, if applicable, never set foot in prison | Photo Credit: Infobae Peru.

President's Government Infamous Poluiarte recognized the controversial Ordinance 1585By the end of November 2023, it had replaced several articles code Punishment With an official announcement to reduce overcrowding in prisons. In practice, this decree helps to liberate Criminals Those facing or sentenced to imprisonment are allowed to avoid or be released from imprisonment respectively.

This is the last scene Jordan Arthur Carpio LauraWho is inside? October 2022 Sentenced 8 years effective imprisonment By Seventh Criminal Liquidation Chamber of the Superior Court of Lima for aggravated robbery.

A petition was filed on behalf of the accused seeking cancellation of the sentence Supreme Court. Due to practical burden, the Supreme Temporary Criminal Chamber The hearing was held last Friday only. December 15It held that the sentence was wrongly imposed and that it should be reduced to 5 years effective imprisonment.

In the absence of Decree 1585, the accused would have been incarcerated, as the conversion of effective imprisonment into community service only applies to a maximum sentence of 4 years. However, he signed the decree Poluiarte This limit is increased up to 5 years.

By applying this Government Rule, the Supreme Temporary Criminal Chamber Changed the pain 5 years imprisonment Useful Providing 260 days of services to the community.

The Supreme Court applies the 1585 Ordinance
The Supreme Court applies the 1585 Ordinance

Jordan Arthur Carpio Laura He committed the crime in 2010, in the Lima district of Surguillo. A cell phone and wallet were stolen along with cash and valuables.

“On March 13, 2010, at approximately 10:30 p.m., the injured Juana Francisca Obregon Roque, Jorge Octavio Aponte Ramírez, and sisters Catherine Silvana and Brenda Estebaní Aponte Obregon, were walking from Girón and Girón streets to Sayoribana and Girones streets. Santiago de Surco In the district, convicted Jordan Arthur Carpio Laura, known as Lucho, began harassing the victims, Catherine Silvana and Brenda Estefany Aponte Obregon, then violently removed her MP4 and a second one. In her purse she found a pink Nokia 5200 cell phone, a camera, her identity document. and other documents, as well as S/186.00 and he left her alone with the handle of her purse.Public Ministry.

The Supreme Court applies the 1585 Ordinance
The Supreme Court applies the 1585 Ordinance

Relatives of the victims rushed out of their homes to help the victims. however, Carpio Laura He called a group of about 20 people to attack him, robbed relatives and fled. The thief would be caught within minutes by the Serenasco unit in the area.

With the necessary element of faith, the Prosecutor's Office He demanded a 12-year prison sentence and a civil compensation of one thousand soles in favor of the victims.

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Although this is an established fact, the case dragged on for more than a decade. Even in 2017, Carpio Laura After failing to appear at the oral hearing, he was declared a prisoner of war and his whereabouts and arrest were ordered. The accused was inside AustriaWhere he went to live, start a family and pursue a professional career.

He will be brought to justice after 5 years, in 2022. Already at the trial stage, the accused admitted the facts stated to him with the intention of avoiding the oral hearing and failed to get a suspended prison sentence.

Government of PoluiarteThe Congress abused the legislative powers granted to him and published Law Decree 1605It's still empowered Public Ministry In conducting the investigation.

Alternatively, the decree gives investigative powers to the Peruvian National Police (PNP). According to former anti-corruption lawyer Antonio Maldonado, the abolition of the prosecutor's office and the granting of investigative powers to the PNP are common actions of regimes in authoritarian countries. Savior, Nicaragua Y Guatemala.

“After 19 years, the police Restores full powers to investigate offenses at the initial stage And it does not in any way affect the powers of the Public Ministry. (…) Therefore, efforts and actions will be coordinated and expressed with the Prosecutor's Office and other justice operators to effectively confront these persecutions of society with legal and legal instruments, to stop their progress,” the Head of State indicated. .

An executive order amending and authorizing the new Criminal Procedure Code Peruvian National Police (PNP) To carry out interventions without being present Ministry General, has prompted a response from this company. The Supreme Bar Council said in a letter that it reviewed the resolutions issued on December 21, 2023 during the administration of Tina Polwart.

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In this context, they pointed out that these regulatory provisions violate constitutional functions Company. Therefore, they have decided to appoint a commission to evaluate possible legal action against these regulations that restrict powers.

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