Peru Justice Minister Defends New Self-Defense Decree

Justice and Human Rights Minister Ernesto Álvarez defended Legislative Decree No. 1743 on Monday, saying it strengthens legal guarantees for people who act in self-defense, defend their families, or protect their property against criminal acts. The decree modifies the Penal Code and was published in the official gazette El Peruano.

Álvarez stated that in violent situations, the means used by a victim to defend themselves will be presumed rational from the victim’s own perspective at the moment of the attack. He gave the example of defending oneself at a bus stop against an assailant armed with a knife.

The minister said he cannot consider proportionality when facing an assailant, noting that a person should not have to look for a knife to act against someone skilled in using one. He spoke on RPP’s program Las cosas como son.

The decree also seeks to prevent unnecessary or prolonged criminal investigations against citizens who repel crimes. It requires the Public Ministry to approve the archiving of proceedings when the legal conditions are met.

Álvarez added that the burden of proof lies with the prosecutor if evidence indicates an assault occurred or thieves entered a home. In such cases, the person who acted is presumed to have acted in self-defense unless proven otherwise.

The Executive Branch published two legislative decrees on Monday under powers delegated by Congress. The package covers changes to the Penal Code on self-defense and tougher penalties for extortion, hitmen, kidnapping, and cybercrime. A separate decree on Sunday regulated the Armed Forces’ intervention around prison facilities.