Peru Eases Self-Defence Rules Against Crime

Security: Peru

Peru has made it easier for people to claim self-defence after using force against a criminal attacker. President Keiko Fujimori’s government published Legislative Decree 1743 in the official gazette El Peruano on Sunday 8 November 2026.

The change shifts the burden of proof in court from the defender to the prosecutor. It comes as Lima pushes a tougher response to street crime, under special lawmaking powers granted by Congress.

A presidential decree rewrites Peru’s penal code so that people who defend themselves against attackers are presumed to have acted reasonably, with prosecutors carrying the burden.

What Happened

The decree was signed on 8 November in Lima by President Keiko Fujimori. It also carries the signatures of Prime Minister Luis Galarreta and Justice Minister Ernesto Álvarez, according to the El Peruano text.

It amends point 3 of Article 20 of the Penal Code, which exempts from criminal liability anyone who defends their own or another person’s legal interests, including with lethal force. The decree keeps the core test of an actual, unlawful and real attack.

Its new wording says: “Se presume que quien ejerce la legítima defensa ha actuado de modo racional frente a la agresión.” In English, a person defending themselves is presumed to have acted rationally, and the public prosecutor’s office can rebut that.

Rationality is judged from the defender’s point of view at the moment of the attack. Judges weigh the intensity and danger of the attack, the attacker’s conduct, the means available and the interests at stake.

A court decision that rejects the presumption needs what the text calls “qualified reasoning”, on pain of nullity. That rule also applies to cases already in progress.

A second change amends Article 334 of the Code of Criminal Procedure. Where self-defence is alleged, the prosecutor must issue a final ruling and, if the conditions are met, decline to open a formal investigation and close the file.

Why It Matters

Until now, people who injured or killed an attacker often faced years of investigation before anyone decided whether they acted lawfully. The decree’s own preamble says such people suffer personal, family, financial and job consequences.

Carlos Caro Coria, a Peruvian criminal lawyer, wrote on social media on 9 November, as reported by El Peruano: “La legítima defensa se presume, ahora el fiscal debe probar que te excediste.” He doubts the presumption will change much in practice, since criminal courts rarely rely on presumptions, but expects the early case closure to spare defenders long proceedings.

What Happens Next

The decree was issued under Law 32743, which gave the executive 90 calendar days to legislate on public security and on El Niño, the Pacific weather pattern that brings floods and drought to Peru. Courts and prosecutors now have to apply the new wording to live cases.

More on this topic: Peru Growth May Fall to 2% If El Nino Lasts. For the wider picture, see our country coverage.

What It Means for You

For residents and visitors in Peru, the change concerns only people who defend themselves against a real, current attack. It does not widen the right to use force against property crime that poses no threat.

What Is Not Known

The text we read sets no separate start date beyond publication. We found no formal reaction yet from the Ombudsman’s Office (the state human-rights watchdog) or the bar association.

Frequently Asked Questions

What does Peru’s new self-defence decree change?

It presumes that a person defending themselves acted reasonably, and prosecutors must prove otherwise. Judges who reject that presumption must give a detailed written reason or the ruling is void.

Does it let anyone use deadly force?

No. An attack must still be real, current and unlawful, according to the decree and criminal lawyer Carlos Caro Coria.

When does it take effect?

The decree was published on Sunday 8 November 2026. The text we read states no separate start date.