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of war or similar, which cause the death of persons or injure their integrity
[...] or damage public or private property,” commits the crime of treason;
iii)
Article 2 of the same Decree Law No. 25,659 included a description of
the criminal participant in the crime of treason. When describing the
participant, it referred to certain specific characteristics of the participant,
such as being the leader or head of a terrorist organization or being a
member of armed groups responsible for killing people;
iv)
Article 2 of Decree Law No. 25,659 also referred to elements of
conduct, such as: promoting “the damaging result” of the crime in question,
“provid[ing], supply[ing], and distribut[ing] reports, information, plans,
project and other documentation”; and
v)
According to Article 4 of Decree Law No. 25,475, anyone who
“voluntarily obtains, collects, assembles or facilitates any type of supplies or
devices, or carries out acts of collaboration, which in any way promote the
committing of the crimes included in [the same] 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 it identifies as “acts of collaboration”; these are:
a.
The providing of documents and information on individuals and
property, facilities, public and private buildings and any other that
specifically contributes to or facilitates the activities of terrorist
elements or groups.
b.
The ceding or use of any type of accommodation or other
means which could be used to hide individuals or serve as a deposit for
weapons, explosives, propaganda, provisions, medicines, and other
belongings related to terrorist groups or their victims.
c.
The intentional transfer of individuals belonging to terrorist
groups or linked to their criminal activities, and also the provision of
any kind of assistance that helps them escape.
d.
The organization of courses, or the management of centers of
indoctrination and training for terrorist groups, operating under any
cover.
e.
The manufacture, acquisition, possession, theft, storage or
supply of weapons, ammunition, explosive, asphyxiant, inflammable,
toxic or other substances or objects that could cause death or injury.
An aggravating circumstance is the possession and hiding of weapons,
ammunition or explosives belonging to the Armed Forces and the
Peruvian National Police.
f.
Any form of financial activity, help or mediation carried out
voluntarily in order to finance the activities of terrorist elements or
groups.
117. In previous cases, the Court has considered that the definitions of the crimes
of terrorism and treason used expressions common to both crimes, which were
identical or coincided as regards typical conduct, the elements with which they were
carried out, the objects or property against which they were carried out, and the
effects they had on the whole of society. This detracted from the differentiation of
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