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Peru Issues Decree 1708 to Fast-Track Interception in Extortion Emergencies

The measure applies only in imminent-risk situations under judicial supervision.

Overview

  • Decree 1708 was published on January 30 in the official gazette El Peruano and took immediate effect.
  • The rule amends paragraph 3 of numeral 3 of Article 230 of the Nuevo Código Procesal Penal and incorporates aggravated extortion scenarios under Penal Code Article 200.
  • Prosecutors must file requests within 24 hours of receiving the preliminary police report, judges must decide within 24 hours, and telecom operators must deliver the data within 24 hours.
  • Requests must specify the victim’s name and address, the targeted device or number, the type, scope and duration of the interception, and the units responsible, with judges notifying telecoms via reserved orders that transmit only the resolutive part.
  • The Public Ministry or the National Police may invoke the procedure in emergency cases, and Prime Minister Ernesto Álvarez Miranda framed the decree as part of the state-of-emergency response under delegated legislative powers.