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Peru’s Executive Publishes Two Decrees Rewriting Self‑Defense Rules and Penalizing Digital Wallets for Extortion

The decrees aim to curb extortion funding, speed case closures, raise concerns about weakened judicial oversight.

Overview

  • The Executive officially published Decrees Legislative No. 1743 and No. 1744 on Monday, November 9, 2026, in an extraordinary edition of El Peruano and will send them to the Senate for later review.
  • Decree 1743 changes the law on legitimate self‑defense by presuming the defender acted rationally, removing a strict proportionality test, assigning the Public Prosecutor the burden to prove the presumption wrong, and requiring judges to provide a specially reasoned ruling if they reject the defense.
  • Decree 1744 creates new crimes and raises penalties to target extortion finance and logistics, including prison terms up to 10–15 years for lending or providing bank accounts or digital wallets to receive extortion money and higher sentences for arms facilitation, tampering with serial numbers, and related violent crimes.
  • The package adds tougher cybercrime rules—illegal access to systems now carries longer prison ranges and judges may increase penalties when artificial intelligence is used or critical state assets are affected—and it funds implementation from the budgets of involved agencies rather than new treasury outlays.
  • Government officials say the measures will choke off money for criminal networks and protect citizens who defend themselves, while opposition lawmakers and jurists warn the new presumption and faster case closures could be used to shield wrongful killings or erode accountability in high‑profile police and military cases.