Overview
- Congressman Carlos Enrique Alva of Acción Popular introduced a bill creating a new criminal offense for deliberately retaining funds received by mistake through digital wallets or bank apps.
- Prison terms would range from one to three years when the amount exceeds half the minimum wage (about S/565) and from three to six years when it surpasses 5 UIT (about S/26,750), with smaller sums handled administratively by the SBS.
- Banks and wallet operators would have to activate a claim within 24 hours, provisionally freeze disputed funds for up to 15 days, and issue a final internal decision within 10 business days.
- SBS procedures would require preventive suspension of funds within 12 hours of a claim, notification to the recipient within 24 hours, a seven‑business‑day window for defenses, and access to Indecopi mediation.
- Valid claims would need a transaction record, a sworn statement, and supporting digital evidence, and the bill allows voluntary refunds without criminal consequences while presuming bad faith if the recipient uses the money after being notified.