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Peru: Protection from Domestic Violence

(Jan. 5, 2009) On November 25, 2008, the Peruvian Congress amended existing laws to provide greater protections for victims of domestic violence. Law No. 29282, enacted after the incorporation of observations submitted by President Alan Garcia Perez, amends the Criminal Code and the revised text of Law No. 26260 on protection from domestic violence. The new Law defines domestic violence and prohibits members of the Peruvian National Police from promoting or entering into any kind of conciliatory agreement in situations involving domestic violence. It also states that it is the duty of the police to inform those accused of domestic violence of their rights and to display in a visible place information on the rights of victims and the services provided to victims free of charge by the State.

Article 4 specifies measures of immediate protection. The measures adopted at the request of the victim or by order of the prosecutor include, among others: (1) removal of the aggressor from the domicile; (2) prohibition of the aggressor from communicating with or getting close to the victim in any manner; (3) temporary suspension of visits; (4) taking of an inventory of assets; (5) suspension of the aggressor's right to possess and carry weapons; and (6) other immediate protective measures guaranteeing the physical, psychological, and moral integrity of the victim. For the execution of these measures, the prosecutor may request the assistance of the police, if necessary. He may also request the detention of the aggressor before a competent criminal judge, who must act within 24 hours.

Article 5 deals with treatment that the victim, the victim's family, and the aggressor may receive. Article 7 specifies the evidentiary value of medical certificates. Articles 9 through 13 amend specified articles of the Criminal Code concerning aggravated forms of domestic violence, including cases where minors are victims, and serious, culpable, or false claims of injury. (Ley No. 29282, Nov. 25, 2008, EL PERUANO [the official gazette] (Nov. 27, 2008), available at