What are your rights if the police detain you in Peru?
From the very first step you have the right to know the charge, to have someone you name notified, to a lawyer from the outset, to remain silent, to be free of coercion, and to a medical examination if you need one. All of it must be recorded in an acta you sign. As a foreigner you also have the right to an interpreter.
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Peruvian State portal (gob.pe) · Congress of Peru
Checked 1 Oct 2026Next review 12 Dec 2026
Article 71 of the Criminal Procedure Code was read in Minjus's Eighth Official Edition (updated to November 2024).
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The Constitution was read in Congress's PDF, which is reliable for items 19 and 24.g and 24.h cited here, but is out of date in 24.f: it says twenty-four hours and forty-eight are in force under Ley 30558, which we read separately in its official publication.
The six rights in article 71
Article 71 of the Código Procesal Penal (Decreto Legislativo 957) is the list the police are required to recite when they detain you, and which almost nobody knows by heart. Numeral 71.2 obliges judges, prosecutors and the Policía Nacional to tell you, «de manera inmediata y comprensible», that you have the right to:
| Letter | Right | In practice |
|---|---|---|
| a) | Know the charges and, if detained, the cause or reason, and be handed the detention order where one exists | Ask what you are accused of and ask for the order in hand. |
| b) | Name the person or institution to be told of your detention, and have that done immediately | Give a name and a number. For foreigners, the consulate is an obvious choice. |
| c) | Be assisted by a defence lawyer from the initial acts of investigation | From the police station, not from the prosecutor’s office. |
| d) | Decline to make a statement; and, if you do speak, have your lawyer present at the statement and at every step that requires your presence | Silence is a right, not a sign of guilt. |
| e) | Not be subjected to coercive, intimidating or degrading means, nor to techniques that induce or alter your free will | Any pressure to talk or sign is a breach. |
| f) | Be examined by a médico legista or, failing that, another health professional, when your state of health requires it | Ask for it if you were struck or have a medical condition. |
Numeral 71.1 frames all of this: you may exercise these rights, yourself or through your lawyer, «desde el inicio de las primeras diligencias de investigación hasta la culminación del proceso».
The acta
Under 71.3, compliance with all of the above «debe constar en acta», signed by you and by the authority. If you refuse to sign, your refusal is recorded, with the reason if you state one. Read the acta before signing: it is not a confession, it is the record that you were told your rights. If it says you were informed and you were not, do not sign, and say why.
If these rights are ignored
Numeral 71.4 creates its own remedy: the tutela de derechos. If in the preliminary steps or the preparatory investigation these rules were not followed, or you are subjected to improper measures or unlawful demands, you may apply to the Juez de la Investigación Preparatoria to correct the omission or order protective measures. It is decided at a hearing with the parties, «inmediatamente». The tutela does not replace habeas corpus, which remains available when the detention itself is unlawful, for instance once the Constitution’s 48-hour limit has run out.
What the Constitution adds
Three guarantees in article 2 sit on top of the Code’s list:
- Numeral 19: the right to use your own language before any authority through an interpreter. The text extends it: «Los extranjeros tienen este mismo derecho cuando son citados por cualquier autoridad».
- Numeral 24, letter g: the authority is obliged, under responsibility, to state without delay and in writing where you are being held.
- Numeral 24, letter h: no one may be subjected to moral, psychological or physical violence or to inhuman or humiliating treatment; anyone may immediately request a medical examination of the person affected; and «carecen de valor las declaraciones obtenidas por la violencia».
How to handle it
Do not resist the detention. Ask the reason, name who to notify, ask for a lawyer and an interpreter if you need one, stay silent until your defence arrives, read the acta. Note times, names and badge numbers. Whatever was done wrong is corrected through the tutela de derechos or habeas corpus, and reported afterwards through the channels above. How long they can hold you is covered in How long can the police hold you?.
How to file
- Ask for the charge and the order«¿De qué se me acusa? Si hay orden de detención, entréguemela.» That is letter a) of 71.2. Do not argue the order on the spot; your lawyer does that.
- Name who to notify and ask for a lawyerName the person or institution to be informed immediately (71.2.b) — your embassy or consulate is a common choice for foreigners. Ask for a lawyer now (71.2.c). If your Spanish is not strong, ask for an interpreter.
- Stay silent until your lawyer arrives«Me abstengo de declarar hasta que esté presente mi abogado.» That is 71.2.d. Say it calmly, once; you do not need to repeat or justify it.
- If these rights are ignored: tutela de derechosYour lawyer can go to the Juez de la Investigación Preparatoria under 71.4 to have the omission corrected. That does not bar a habeas corpus if the detention itself is unlawful.
- Report the officer's conduct, afterwardsInterior Ministry's Central Única de Denuncias, the PNP's Inspectoría General, the Ministerio Público (online complaints) and the Defensoría del Pueblo. None of them requires a lawyer.
What most people believe — and what the law says
They read you your rights at the courthouse, not at the police station.
Article 71.2 obliges judges, prosecutors and the Policía Nacional to inform you «de manera inmediata y comprensible». And 71.1 says you can exercise them «desde el inicio de las primeras diligencias de investigación».
If I stay silent it counts against me.
Declining to make a statement is an express right (71.2.d). If you do choose to speak, you have the right to have your lawyer present at the statement and at every step that requires your presence.
A lawyer only comes in once the prosecutor summons me.
You have the right to a defence lawyer «desde los actos iniciales de investigación» (71.2.c). That includes the police station.
If my Spanish is weak, that's my problem.
The Constitution (art. 2.19) gives every Peruvian the right to use their own language before any authority through an interpreter, and adds: «Los extranjeros tienen este mismo derecho cuando son citados por cualquier autoridad».
Signing the acta means I accept the charges.
The acta under 71.3 records that you were informed of your rights, not that you accept anything. If you refuse to sign, your refusal is noted, with the reason if you give one.
Frequently asked questions
What is tutela de derechos and when can I use it?
It's the remedy in article 71.4: if your rights were not respected during the preliminary steps or the preparatory investigation, or you're subjected to improper measures, your lawyer can apply to the Juez de la Investigación Preparatoria to have the omission corrected. It's decided at a hearing, with the parties, "immediately," and it doesn't replace habeas corpus, which remains available if the detention itself is unlawful.
Do they have to tell me where I'm being held?
Yes. Article 2, numeral 24, letter g) of the Constitution obliges the authority, under responsibility, to state without delay and in writing where you are being held.
What should I do if I was hit or mistreated during the detention?
Ask for a medical examination right away: letter f) of article 71.2 gives you the right to be examined by a médico legista or, failing that, another health professional. The Constitution adds that anyone can request that exam immediately, and that statements obtained through violence have no legal value.
How long do they have to bring me before a judge?
The maximum is 48 hours, under the constitutional reform in Ley 30558 to letter f) of numeral 24 of article 2 of the Constitution. If that deadline passes without you being brought before a judge, habeas corpus is the mechanism available to challenge it.
The exact law
Decreto Legislativo N.º 957Article 71read
Code of Criminal Procedure — rights of the accused
«Los Jueces, los Fiscales o la Policía Nacional deben hacer saber al imputado de manera inmediata y comprensible, que tiene derecho a:»
Constitución Política del PerúArticle 2, numeral 19read
Constitution — right to use your own language through an interpreter, extended to foreigners
«Todo peruano tiene derecho a usar su propio idioma ante cualquier autoridad mediante un intérprete. Los extranjeros tienen este mismo derecho cuando son citados por cualquier autoridad.»
↳Article 2, numeral 24, letters g) and h)read
Constitution — place of detention in writing; ban on violence and right to a medical examination
«Nadie debe ser víctima de violencia moral, psíquica o física, ni sometido a tortura o a tratos inhumanos o humillantes. Cualquiera puede pedir de inmediato el examen médico de la persona agraviada o de aquélla imposibilitada de recurrir por sí misma a la autoridad. Carecen de valor las declaraciones obtenidas por la violencia.»
Ley N.º 30558Sole article — letter f), numeral 24, article 2 of the Constitutionread
Constitutional reform — 48-hour maximum to be brought before a judge
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