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Peru’s Constitutional Court Upholds ‘Ley Soto,’ Enforces One-Year Cap on Criminal Prescription Suspension

The 6–1 decision frames the cap as a safeguard for the right to be tried within a reasonable time.

Overview

  • The court rejected the Loreto Bar’s unconstitutionality suit in a 6–1 vote and affirmed Law 31751 as constitutional.
  • Judges are instructed to apply the statute bajo responsabilidad, with the ruling barring the use of diffuse control to inapply it.
  • The decision rebukes the Supreme Court’s Plenary Agreement 5-2023, which the justices said overstepped by attempting abstract constitutional review.
  • The law fixes suspension of prescription at a maximum of one year once a prosecutor formally intervenes, replacing varied judicial criteria that prolonged cases.
  • News reports say the change has led to archived proceedings for figures including Alejandro Soto and Martín Vizcarra, drawing criticism that the rule favors defendants.