Criminal Law

When are we dealing with contractual fraud?

We are dealing with fraud, and not a mere breach of contract, when, before signing the contract, there are already circumstances showing that the other party had no intention of fulfilling it. In other words, they used the contract as a tool to generate trust and to get the victim to dispose of their assets.

How does fraud in management affect companies?

A company, although made up of individuals, is considered a single entity. Therefore, the State protects it by ensuring that its executives do not abuse their powers to cause patrimonial harm, since such harm affects both the internal and external economy of the company.

How is money laundering committed?

This crime is committed by concealing the illicit origin of money, assets, or resources, generally stemming from drug trafficking, corruption, or environmental crimes such as illegal mining and logging.

What is the maximum penalty for money laundering?

Legislative Decree No. 11066 classified money laundering as an autonomous offense. This means it does not depend on proving the underlying crime in order to punish the laundering of capital. Penalties can reach up to 20 years in prison, depending on the modality and aggravating circumstances.

Are they classified in the Criminal Code?

Not directly. They are regulated under Law 28008 – Customs Offenses Law, which covers smuggling, customs receiving of illicit goods, revenue fraud, financing, and trafficking of prohibited or restricted goods. This law was amended by Legislative Decree No. 1542, which defines when conduct is considered punishable.

Why is it considered a blank criminal law?

Because it refers to other laws (such as the General Customs Law) to define criminal conduct. In other words, it is not enough to read Law 28008 alone; complementary regulations are required to understand when an act is punishable.

What regulations protect us against cybercrime?

Law No. 30096 – Cybercrime Law (in force since 2013) prevents and punishes unlawful conduct affecting systems, data, communications, and legal interests such as property, public trust, or sexual freedom.

What should I do if I am a victim of cybercrime?

You can report it to the Specialized Cybercrime Unit or through the Public Prosecutor’s Office virtual filing system. Most cases in Peru involve identity theft and fraud.

How can sexual harassment be reported?

You can file a complaint with the police or the Public Prosecutor’s Office.

How can sexual harassment be proven?

It is important to preserve messages, emails, testimonies, or other documents that support the complaint.

What is the difference between sexual harassment and sexual blackmail?

Sexual harassment: unwanted advances, stalking, or contact without consent, for sexual purposes.
Sexual blackmail: threats or intimidation to obtain sexual favors, including through technological means.

What is the penalty for sexual harassment?

From 3 to 5 years of imprisonment in its basic form, and from 4 to 8 years in aggravated cases.

What is the penalty for inappropriate touching of minors?

This offense is punishable by 15 years of imprisonment.

What should I do if my children were victims?

You must report it to the nearest police station. Evidence is collected, such as:

Forensic medical examination.
Interview in a Gesell Chamber.

Additionally, it is essential that the victim receives psychological assistance.

What happens if I am accused without evidence?

False reporting is punishable by 6 months to 2 years of imprisonment and a fine.

What protective measures exist?

Restraining orders and contact restrictions are essential to safeguard victims.

Can a third party report domestic violence?

Yes. The report can be anonymous and filed with the police.

Can family members who are witnesses accompany me when filing a report?

Yes, and authorities are also obligated to receive the complaint and provide legal guidance.

At Gálvez Monteagudo Abogados, we protect personal liberty with absolute confidentiality and professionalism. Our team of criminal defense lawyers in Lima and across the provinces has extensive experience in oral criminal litigation, crisis management, and comprehensive defense, covering corporate, civil, tax, regulatory, and even family matters.

We provide defense in cases involving:

Economic and corporate crimes, corruption of public officials, and money laundering.
Sexual offenses, domestic violence, femicides, and animal abuse.
Situations of flagrante delicto, arrests, traffic accidents, and police interventions.

In the field of Economic and Corporate Criminal Law, we promote risk prevention through compliance programs, which reduce the criminal liability of organizations, strengthen governance, and protect corporate reputation.

Our criminal defense services are specialized and available 24/7, supporting clients from the police and prosecutorial investigation stage through to the judicialization of the case.