4
criminally punishable. Therefore, said phrase, by expanding the scope
of Article VII of the Introductory Title of the Criminal Code to Article 2
of Decree-Law No. 25.475, shall remain the same and shall be
interpreted as indicated above: “Any person who (intentionally)
causes, creates or maintains a state of intimidation, alarm or fear
among the population, or any segment thereof (…) (in bold in the
original).”
(…)
77.
Based on the foregoing, the Constitutional Court finds
that the language of Article 2 of Decree-Law No. 25.475 conveys a
message that allows citizens to know the content of the prohibition so
that they can distinguish that which is forbidden from that which is
permitted. The definition of the crime is only vague in relation to the
need to specify the scope of the word “acts,” which, for the purpose of
giving a more accurate conceptual definition, must be understood as
illicit acts (in bold in the original).
78.
Consequently, Article 2 of Decree-Law No. 25.475 shall
retain the existing language, which shall be interpreted in accordance
with the foregoing paragraphs of this decision (…)
78bis. Finally, the Constitutional Court must point out that the
crime defined in Article 2 of Decree-Law No. 25.475 requires the
concurrence of the three elements contained therein, in addition to the
offender’s intent. In effect, as described above, Article 2 sets out the
definition of a crime that contains three objective elements, which
must necessarily concur for the crime of terrorism to be committed.
Where one of these elements is missing, the conduct under review will
fall outside the scope of the definition of the crime.”
Significant recognition of the interpretation of the law in force in Peru in
the trial of cases involving crimes of terrorism by ordinary courts
VII. It should be noted that the interpretation of the law in force in Peru offered
by human rights experts recognizes the significant progress achieved in the
exercise of the ius puniendi by the State as a result of the contribution
made by the Constitutional Court’s decision referred to above. In this
regard, the Ombudsman’s Office has made reference to:
“1. (…) Democratic criminal law, which implies respect
for the criminal provisions set forth in the Constitution, the
standards set by international human rights instruments, and
compliance with the recommendations of the Inter-American
Commission on Human Rights, (as well as) with the judgments
rendered by the Inter-American Court of Human Rights and the
Constitutional Court (bracketed text added for the purpose of
style).”