- 78 c) If the person sought has been accused, an indication of the punishment for the act perpetrated; and, if he has been convicted, an indication of the punishment imposed; d) Mention of the existence of the court order for arrest or prison, and of absence or contempt of court, if appropriate; e) The undertaking of the requesting State to present the formal extradition request within 30 days of the receipt of the requisition. If this time limit shall expire before the extradition request has been formally submitted, the person arrested shall be released immediately. 3. The Prosecutor General shall immediately forward this request to the competent preliminary investigation judge, advising the corresponding provincial prosecutor. 4. The judge will issue a provisional arrest warrant, provided that the act considered an offense is also an offense in Peru and a criminal punishment of any kind equal to or in excess of one year’s imprisonment has not been established. If the perpetration of several offenses has been mentioned, it shall be sufficient that one of them complies with this condition in order for it to be in order for the other offenses. The decision issued shall be notified to the prosecutor and advised to the Prosecutor General and the local INTERPOL office. 5. In the case of paragraph 1(b), the border police shall immediately bring the detainee before the competent preliminary investigation judge of the place where the arrest is made, advising the provincial prosecutor. The judge, using the fastest means, which may be telephone, fax or electronic mail, shall advise the Prosecutor General and the diplomatic or consular official of the country seeking the detainee. The diplomatic or consular representative shall have two days to require the continuation of the provisional arrest, accompanying his request with the conditions established in paragraph 2 of this article. If this is not done, the person arrested shall be released immediately. 6. Once the provisional arrest has been ordered, the preliminary investigation judge shall hear the person arrested within 24 hours, and shall appoint a defense lawyers ex officio, if that person does not appoint one of his own choice. The arrest shall be lifted if, initially, the judge notes that the conditions indicated in paragraph 4 of this article have not been met, becoming an order to appear in court periodically, with the prohibition to leave the country. The arrest shall cease if it is proved that the person arrested is not the person sought, or when 30 days have passed without the formal submission of the extradition request. 7. The person arrested who is released because the extradition request was not submitted in time may be arrested again for the same offense, provided that a formal extradition request is received. 8. While the provisional arrest lasts, the person arrested may consent to be transferred to the Requesting State. In this case, the provisions of article 521(6) shall be followed. 9. The person arrested may obtain provisional release, if the legal time frames of the Treaty or of the law that justify the extradition request expire, or if the person whose extradition is requested meets the procedural conditions for this measure. In this case, an order of prohibition to leave the country shall be issued and his passport shall be retained, without prejudice to other measures of control that the judge may decide on a discretionary basis. The procedure established for the cessation of preventive detention shall be followed.327 242. The possibility of obtaining the provisional release indicated in paragraph 9 of article 523 (supra para. 241), is regulated in article 182 of the Procedural Code (Legislative Decree No. 638), which establishes that the accused who is detained may request provisional release when new evidence allows it to be reasonably envisaged that: 327 Code of Criminal Procedure, promulgated by Legislative Decree No. 957 of July 29, 2004, Available at: http://www.leyes.congreso.gob.pe/Documentos/DecretosLegislativos/00957.pdf, cited in the Commission’s Merits Report, folio 24.

Seleccionar párrafo de destino3