- 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.