Particle.news
Download on the App Store

Peru’s Constitutional Court Strikes Down Law Allowing 16- and 17-Year-Olds to Be Tried as Adults

The decision reaffirms 18 as the minimum age of criminal imputability, directing cases and custody to the juvenile system.

Overview

  • The court declared Law 32330 unconstitutional for contravening the Constitution and international treaties such as the Convention on the Rights of the Child.
  • All proceedings opened against 16- and 17-year-olds under the annulled law must be closed and redirected to juvenile prosecutors and family courts.
  • Judges ordered the immediate transfer of any 16- or 17-year-olds held in INPE prisons to PRONACEJ juvenile diagnosis and rehabilitation centers.
  • The ruling clarifies that those under 18 must be processed in the specialized juvenile system with sanctions focused on proportionality and rehabilitation.
  • Court president Luz Pacheco stressed the decision does not confer impunity and requires the judiciary, prosecutors, INPE, and other state bodies to implement specialized measures.