Joran Van Der Sloot Sentenced to 28 Years

By Jeralyn, Section Foreign Affairs
Posted on Fri Jan 13, 2012 at 08:11:00 AM EST
Tags: Joran Van der Sloot (all tags)

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Update: Joran Van der Sloot has been sentenced to 28 years. He was given credit for the time he has served since his arrest in June, 2010. His release date is June, 2038.

Joran Van der Sloot will be sentenced at 10 am Lima time. The prosecution has asked for 30 years but the judges should give him something off that for having plead guilty and allowing the trial to conclude early. If they do, it could be anywhere from 1 to 10 years less, and I suspect they will lean towards a minimal amount. Regardless of what the sentence is, he can serve a lot less, due to Peru's statutory good time credits. Those convicted of murder are eligible for parole after serving 1/3 of their sentence. In addition, if they work or take educational programs, they get 1 day off for every two days spent in the program. (Added: This may have been changed in October, 2010, see below, but the change may not apply to Joran since the crime was committed before this date.)[More]

Peru's criminal procedure code is relatively new (2004)and still being implemented -- as well as revised by Congress and interpreted by the courts. As best I can tell, the only exceptions to those able to get generous good time reductions are those convicted of terrorism, bribery, major drug traffickers and repeat offenders, who have to serve either 1/2 or 3/4 of their terms and get less good time (5 to 1 or 7 to 1 instead of 2:1.) Those convicted of sexual assault on a child get nothing, and the courts in Peru just upheld that in the last few weeks.

(Added: Apparently the law was changed in October 2010 as to murder under Section 108, which gives only 5 to 1 days off. Artículo 2 de la Ley Nº 29604, publicada el 22 octubre 2010.)

Article 46 .- Special cases of redemption
In cases of inmates who have committed primary offenses under Articles 108, 121-A, 121-B, 189, 200, 325, 326, 327, 328, 329, 330, 331, 332 and 346 of the Penal Code, redemption of the sentence through work or education takes place at a rate of one day for five days worth of actual work or study in your case.

But:

...Application: Modifications made to the prison benefits referred to in this Act are applicable only to those convicted of crimes committed after its effective date. They can