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Peru Formalizes House Arrest Protocol, Setting Uniform Rules for Verification and Custody

The measure standardizes roles, deadlines, controls and reporting across justice institutions to ensure custody at authorized residences.

Overview

  • The Executive approved the interinstitutional protocol via Supreme Decree No. 001-2026-JUS published in El Peruano as the operative reference for house arrest procedures.
  • The National Police must verify the designated residence within 72 hours of the judicial order with a single exceptional extension for the same period.
  • Custody may be permanent or itinerant based on judicial risk assessment, with itinerant oversight using unannounced visits and, if necessary, remote surveillance that triggers alerts.
  • Judges may appoint public or private custodians, require economic bail under Article 289, substitute custody with electronic monitoring, and mandate a visit log sent monthly to prosecutors or the court.
  • Police must secure the accused and immediately inform authorities in case of breaches, the protocol outlines responses for medical emergencies and foreigners without a domicile, and involved bodies are directed to issue implementation guidelines through the Criminal Procedure Code commission.