home

Peru: The Rights to Remain Silent and To Counsel and the Insanity Defense

The Peru Penal Code and the New Code of Penal Procedure address the rights of defendants and defense counsel, provide for the insanity defense and explain the procedure for taking statements during the investigation phase of the case. For those interested in the Joran Van der Sloot case in Peru, the details may prove interesting. (For those not interested, just scroll on by.)

The full penal code is here. The new code of penal procedure is here.

Peru provides many rights to the defendant, including the right to remain silent and the right to have a lawyer present during questioning.

I'm reprinting portions below that I think are relevant to Joran Van der Sloot, both as to the insanity defense, the right to remain silent and to have a lawyer present during questioning, and the proscription against coerced confessions. [More...]

Via Google translation (emphasis is by me):

Article 71 .- Rights of the accused

1. The accused may defend himself or through his counsel, the rights that the Constitution and laws granted since the beginning of the first steps in the investigation until the completion of the process.

2. Judges, Prosecutors and the National Police should be made known to the accused immediately and comprehensively, it is entitled to:

a) To know the charges against him and in case of detention, to express it the cause or reason for its action, delivering the warrant turned against them, where appropriate;

b) Designate the person or institution you should contact his arrest and that such disclosure is made immediately;

c) To be assisted from the initial acts of investigation by a lawyer;

d) To refrain from declaring, and if you agree to do so to his counsel is present in its statement and in all proceedings in which their presence is required;

e) not use coercive means against, threatening or contrary to their dignity, nor to be subjected to techniques or methods that induce or alter the free will or suffer a restriction is not authorized or permitted by law, and

f) Be examined by a medical examiner or alternatively by another health professional, where the state of health so requires.

3. The fulfillment of the requirements in the preceding paragr