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Peru’s Constitutional Court Overturns Law Allowing 16- and 17-Year-Olds to Be Tried as Adults

The ruling shifts all affected cases to the juvenile system and requires immediate transfers of detained adolescents from adult prisons to PRONACEJ centers.

Overview

  • The court struck down Law No. 32330 as unconstitutional for violating the Constitution and international treaties protecting minors, including the Convention on the Rights of the Child.
  • Judges set the minimum age of criminal imputability at 18, clarifying that 16- and 17-year-olds must be investigated, tried and sanctioned only within the juvenile responsibility system.
  • All proceedings initiated under the annulled law must be archived and refiled before juvenile authorities, with the Instituto Nacional Penitenciario ordered to move adolescents to specialized centers designated by PRONACEJ.
  • Police chief Óscar Arriola condemned the decision as a “retroceso” yet said the PNP will comply, warning of operational risks posed by violent youth offenders.
  • Congressman Alejandro Muñante signaled a push for constitutional changes on youth responsibility, as media reports highlighted that nearly 100 adolescents had been held in adult prisons during the law’s brief life.