Decree Law No. 25744 on Police Investigations
Decree that established norms for the police investigation of the crime of treason, allowing preventive detentions for more than fifteen days without constitutional support. It unconstitutionally extended police powers by allowing the police to extend the period of detention.
Decree Law 25744 established rules applicable during the police investigation of the crime of treason. This norm established an unconstitutional extension of the term of police detention, prescribing that the National Police of Peru could carry out preventive detention of the presumed implicated for a term longer than fifteen days, reporting to the judicial authority on duty in the military jurisdiction. This extension of the detention period had no constitutional basis, since the Political Charter was clear, strict and exhaustive both in terms of the legal assumptions for the deprivation of liberty, as well as in terms of its duration. The rule meant an extension of the powers of the Police, since it was the Police itself that provided for such extension of the term of detention, without it being a jurisdictional power, but exclusively a police power.