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c) If the person whose arrest is being requested is accused of committing a crime, an indication
of the penalty for the crime he is accused of committing; if he has been convicted of a crime, a
description of the penalty imposed;
d) A reference to the existence of a court order for the subject’s arrest or imprisonment, and
whether he has been declared in absentia or in contempt;
e) The commitment of the requesting State to file a formal request for extradition within thirty
days of the date on which the arrest request is received. At the end of that 30-day period, if no
formal request for extradition has been received, the person arrested shall be released
immediately.
3. The Attorney General’s Office shall refer the request to the competent judge for the
preparatory investigation, and notify the appropriate Provincial Prosecutor.
4. The judge shall issue the provisional arrest warrant, provided the act reputed to be a crime is
also a crime in Peru and when the offense is one punishable under the laws in both the
requesting and requested States by deprivation of liberty for a maximum period of more than
one year or by a more severe penalty. If the commission of a number of crimes is being claimed,
only one of those crimes must satisfy this condition to allow the Peruvian authorities to proceed
with respect to the other crimes. The Prosecutor shall be notified of the decision the judge
issues, and the Attorney General’s Office and INTERPOL’s local office shall be so advised.
5. If the situation posited in subparagraph b) of paragraph 1) obtains, the Police posted at the
border shall immediately surrender the detainee to the competent judge for the preparatory
investigation in the place where the person was taken into custody, and the Provincial
Prosecutor shall be informed. By the most rapid means possible, which may be telephone, fax or
email, the judge shall advise the Attorney General’s Office and the diplomatic or consular
authority of the country that requested the search that the person being sought has been taken
into custody. The diplomatic or consular official shall have two days in which to request that the
person in question be kept under provisional arrest and shall include with his request the
particulars specified in paragraph 2) of this article. If this is not done, the arrested person shall
be immediately released.
6. Once the provisional arrest has been ordered, the judge presiding over the preparatory
investigation shall, within twenty-four hours, give a hearing to the person placed under arrest
and shall designate a court-appointed attorney to represent him if he does not appoint his own
legal counsel. The arrest shall be lifted if the judge establishes that the conditions set forth in
paragraph 4) of this article are not present and shall order in its place a supervised release
arrangement under which the person whose arrest was requested shall not be permitted to
leave the country. The arrest shall be terminated if it is established that the person being held
under arrest is not the person being sought or if the thirty-day period allowed to file a formal
request for extradition expires.
7. The person arrested and then released because the extradition request was not filed on time,
may be detained again for the same crime, provided a formal extradition request is received.
8. At any time during the provisional arrest, the person under arrest may consent to be
transferred to the requesting State. If that is the case, the procedure followed shall be the one
set forth in paragraph 6) of Article 521.
9. The person under arrest may obtain provisional release upon expiration of the legal deadlines
prescribed in the treaty or in the law that is the basis for the extradition request, or if the person
whose extradition is sought meets the procedural conditions to qualify for provisional release. In
the latter event, an order shall be issued to bar him from leaving the country and his passport
shall be withheld, without prejudice to any other control measures that the judge may decide at
his discretion. The procedure prescribed for the cessation of preventive imprisonment shall be
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followed.
11
Legislative Decree No. 957 of July 22, 2004, Code of Criminal Procedure, available [in Spanish] at the web portal of
the Congress of the Republic of Peru: www.congreso.gob.pe/ntley/Imagenes/DecretosLegislativos/00957.pdf.