85
182. The Peruvian legislation, with regard to the instant case, sets forth different
types of crimes, to wit: terrorism,162 aggravated terrorism,163 terrorist collaboration
with terrorism,164 which, in turn, contemplates several hypotheses, and membership in
and affiliation with a terrorist organization.165
183. The crime of terrorism was defined in Article 319 of the Criminal Code of 1991,
in force until May 5, 1992, and thereafter, in Article 2 of Decree-Law No. 25.475
(supra paras. 97(1) and 97(2)). Pursuant to said Articles, any person who “causes,
creates or maintains a state of intimidation, alarm or fear among the population or a
sector thereof” or who “carries out acts against life, physical integrity, personal
freedom and security [...] or property, the security of public buildings, means of
communication or transport [...], power or transmission towers [...] or any other
property or service, using weapons, explosive materials or devices, or any other means
capable of causing havoc or serious disturbance to public order” commits the crime of
terrorism.
184. Article 320 of the Criminal Code of 1991, after describing the elements of the
crime of aggravated terrorism established that it was punishable with:
1.- At least fifteen years’ imprisonment if the agent acts in his/her capacity as member of
an organization that makes use of the crime of terrorism (as defined in Article 319) to
achieve whatever goals said organization may have.
At least twenty years’ imprisonment if the agent is the chief, leader or head of the
organization.
2.- At least eighteen years’ imprisonment if, as a result of the crime, people are injured or
public or private property is damaged.
3.- At least twenty years’ imprisonment if minors are made to take part in the commission
of the crime.
4.- At least twenty years’ imprisonment if the damage caused to public or private property
precludes, in part or in all, the provision of essential services to the population.
5.- At least twenty years’ imprisonment when, in furtherance of terrorist goals, people are
blackmailed or kidnapped so that detainees are released from prison, or when any other
wrongful advantages are exacted from authorities or individuals, or when, also in
furtherance of terrorist goals, a national or foreign air, water or land means of transport is
hijacked, or its route altered, or when the extortion or kidnapping is aimed at obtaining
money, property or any other advantage.
6.- At least twenty years’ imprisonment if, as a result of the commission of the acts
described in Article 313, serious injuries or death are caused, provided that the agent was
able to foresee said results.
185. Pursuant to Article 4 of Decree-Law No. 25.475, anyone who “voluntarily
obtains, collects, assembles or facilitates any type of property or devices, or carries out
acts of collaboration, which in any way promote the commission of the crimes included
in [said] Decree-Law, or the achievement of the goals of a terrorist group” commits
the crime of collaboration with terrorism. The norm then defines six categories of
conduct that may be considered “acts of collaboration,” to wit:
162
Cf. Article 2 of Decree-Law No. 25.475; and Article 319 of the Criminal Code of 1991.
163
Cf. Article 320 of the Criminal Code of 1991.
164
Cf. Article 4 of Decree-Law No. 25.475; and Article 321 of the Criminal Code of 1991.
165
Cf. Article 5 of Decree-Law No. 25.475; and article 322 of the Criminal Code of 1991.
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