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Peru Decree Enables Immediate Police Review of Seized Devices in Extortion, Contract Killing and Kidnapping Cases

The measure seeks to preserve time-sensitive digital evidence under prior prosecutorial authorization with subsequent judicial confirmation.

Overview

  • The Council of Ministers approved a legislative decree modifying the Code of Criminal Procedure to expedite access to electronic data in specified crimes.
  • Police may inspect information on computers, phones and other devices when suspects are caught in flagrante delicto for extortion, contract killing or kidnapping.
  • The authorization also covers devices found during unannounced operations inside penitentiary facilities.
  • Access requires prior approval from the Public Ministry and must be deemed indispensable to clarify the facts under investigation.
  • After the inspection, the prosecutor must request a judge’s confirmatory ruling, a step the government says safeguards rights while preserving volatile digital evidence.