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Peru: Law Sets Conditions for Transfer and Service of Sentences of Foreigners

(Feb. 2, 2009) Law No. 29305, signed by President Alan García Pérez of Peru on December 21, 2008, amends articles 542(e) and 544(2) of the new Code of Criminal Procedure (Legislative Decree No. 957) concerning conditions for the transfer and service of sentences of foreigners. The condition listed in article 542(e) requires provisions of the sentence to be satisfied or guaranteed, especially in dealing with fines, civil reparation, and other related matters. In the matter of International Judicial Cooperation, the convicted person who applies for transfer to his/her country of origin, under provisions of international treaties or conventions on the matter, or under the principle of reciprocity, can request from the pertinent jurisdictional agency the reduction or exemption from payment of civil reparation and fines, provided he/she can comply with the requirements listed therein. In the case of convicted persons with dual nationality, one of which is Peruvian, the sentence willl be served in Peru.

Article 544(2) deals with proceedings when Peru requests the transfer of the foreigner. In those cases, the government attorney's office designated by the National Attorney's Office will prepare, ex officio or at the request of the convicted person him/herself, the pertinent file. In any case, it is required that the convicted person give his/her free and express consent to the transfer before the judicial authority and with the assistance of the defense attorney, after being informed of the consequences and having paid the civil reparation and dealt with other related matters. (Law No. 29305, EL PERUANO [official gazette] (Dec. 22, 2008), available at