Guidance

ANNEX B: Criminal Proceedings in Peru

Updated 25 July 2022

CRIMINAL PROCEEDINGS
STAGES   MOMENT LEGAL DEADLINE
Criminal reports Complaint or Police report    
Stage one. Preliminary diligences. With detention of because of blatancy 24 hours
    With preliminary detention. 72 hours, can be extended until a maximum of 7 days, in case of certain characteristics or circumstances of special complexity.
    Without detention. 60 days.
    Detention for cases for terrorism, espionage and drug trafficking. 15 days.
  Preparatory investigation by the Prosecutor. Common cases. 120 days, the Prosecutor may extend it only once for up to 60 days.
    Complex cases. 8 months, extendable.
    In the case of investigation of crimes perpetrated by criminal organizations. 36 months.
Intermediate stage Accusation. Prosecutor makes accusation. 15 days.
    Or Prosecutor requests dismissal. 15 days.
Judging stage Oral trial.   10 days or more.
  Evidence. Evidence is presented before Court. During hearing.
  Closing arguments.   During hearing.
Final stage Deliberations. Judges deliberate. 2 days.
  Judge sentence. Judges deliberate. Immediately after the deliberation.
Objection Remedies. Replacement. 2 days.
    Appeal against decision. 3 days.
    Appeal against sentences. 5 days.
    Nullification. 10 days.