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Peru’s Constitutional Court Overturns Law Letting 16–17-Year-Olds Be Tried as Adults

The decision sets 18 as the minimum age of criminal liability, mandating a shift to the juvenile system.

Overview

  • The ruling orders ordinary criminal cases opened under Law 32330 to be archived or redirected to family prosecutors and judges under the juvenile code.
  • Adolescents held in INPE-run adult prisons must be transferred immediately to PRONACEJ-designated juvenile diagnostic and rehabilitation centers.
  • The court cited the Constitution and international obligations, including the Convention on the Rights of the Child, emphasizing proportional, rehabilitative treatment for minors.
  • The challenges were brought by the Ombudsman’s Office, the Judiciary, the Public Ministry, the Attorney General’s Office and the Ayacucho Bar Association, and were consolidated in the case.
  • Police chief Óscar Arriola publicly criticized the decision as a setback during an operation that detained three minors, as media reports documented nearly 100 adolescents placed in adult prisons under the annulled law, including 24 at El Milagro in La Libertad.