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Constitutional Court Overturns Law That Penalized Aid to Peaceful Protests

The ruling orders the archiving of cases opened under those articles, requires stricter standards for investigating protests, and preserves criminal penalties for violent acts.

Overview

  • The Constitutional Court this week annulled articles 283‑A and 315‑B of the penal code from Decreto Legislativo 1589 that made funding or providing food, transport or supplies to demonstrations a crime.
  • All investigations and charges brought under those annulled provisions must be archived and have no legal effect for the people involved.
  • The court said the contested wording was vague and violated the constitutional principles of legality and tipicidad by criminalizing preparatory acts and everyday solidarity tied to peaceful protest.
  • The decision explicitly keeps in force tougher penalties for violent conduct, vandalism and road blockades and instructs authorities to separate violent actors from peaceful participants when investigating.
  • The ruling sets a legal precedent that will force clearer drafting of future penal rules and will change how police, prosecutors and lawmakers handle protests and support networks in Peru.