Page 1

A Peruvian man

505484

Tuesday 22 October 2013

Res. N ° 945-2013-JNE.- They declare null the action in
suspension procedure followed against mayor of
the District Municipality of Ciudad Nueva, province and

AUTONOMOUS BODIES

Tacna department

COMPTROLLER

Res. N ° 949-A-2013-JNE.- A citizen is summoned to
to assume the position of councilor of the District Municipality
of Huaynacotas, province of La Unión, department of

GENERAL
Res. N ° 385-2013-CG.- Approve list of entities
public that will be incorporated into the Electronic System
Registry of Affidavits of Income and
Assets and Income Online in 2013

Arequipa

505500

Res. N ° 386-2013-CG.- Directive "Provisions
on the Processing and Evaluation of Declarations
Sworn Income and Property and Income Authorities,
civil servants and public servants; as well as information
on Contracts or Appointments, sent to the
Comptroller General "and Directive" Provisions for the
use of the System for the Registry of Affidavits of
Income and Assets and Income Online "

505514

Res. N ° 950-2013-JNE.- Restore the validity
of credential granted to mayor of the Municipality
District of Cuchumbaya, province of Mariscal Nieto,
department of Moquegua

505501

Res. N ° 152-2013-MP-FN-JFS.- Create Prosecutor's Offices
Specialized in Money Laundering and Loss Crime
Domain with national jurisdiction, made up of
by National Superior Prosecutor's Offices and Prosecutor's Offices
Supraprovinciales Corporativas Especializadas, with headquarters
in Lima

EDUCATIONAL

505516

RR. N ° s. 3429 and 3430-2013-MP-FN.- Concluded
appointment and they appoint provisional prosecutors in the

Res. N ° 1385-R-UNICA-2013.- Authorize travel of
authorities of the National University "San Luis
Gonzaga "from Ica to Brazil, in order to sign

Judicial District of Lima
505502

505517

BANKING SUPERINTENDENCE,
INSURANCE AND PRIVATE ADMINISTRATORS

NATIONAL JURY

OF PENSION FUNDS

OF ELECTIONS

Res. N ° 6201-2013.- Authorize Edpyme Inversiones
La Cruz SA the opening of agencies in the departments

Res. N ° 773-2013-JNE.- Declare null Resolution
N ° 064-2013-ROP / JNE issued by the Registry of
Political Organizations of the JNE, null office of the
General Secretariat of the ONPE and nullity of everything
acted in the registration procedure requested by
political organization

505515

PUBLIC MINISTRY

INSTITUTIONS

specific agreements

505512

from Lima, Ucayali and Piura

LOCAL GOVERNMENTS

505503

Res. N ° 899-2013-JNE.- Declare null Agreement of
Council that declared unfounded vacancy request
filed against mayor of the Provincial Municipality
of Huamalíes, and they have to return the acts so that
a new pronouncement is issued

PROVINCES

505508

PROVINCIAL MUNICIPALITY

Res. N ° 933-2013-JNE.- They summon a citizen to
to assume the position of councilor of the Municipal Council of the
District Municipality of Ancón, province and department
from Lima

FROM PALLASCA - CABANA
505512

LEGISLATIVE POWER
CONGRESS OF THE REPUBLIC

505518

Errata RA N ° 046-A-2013-MPP-C

505518

computer systems and data and other legal assets
of criminal relevance, committed by using
of information or communication technologies,
in order to guarantee the effective fight against
cybercrime.
CHAPTER II

LAW No. 30096
DATA CRIMES
AND COMPUTER SYSTEMS

THE PRESIDENT OF THE REPUBLIC
HOW MUCH:

Article 2. Illegal access

The Congress of the Republic
He has given the following Law:
THE CONGRESS OF THE REPUBLIC;
He has given the following Law:

COMPUTER CRIMES LAW
CHAPTER I
PURPOSE AND OBJECT OF THE LAW
Article 1. Purpose of the Law
The purpose of this Law is to prevent and
punish illicit conduct that affects the

Whoever accesses without authorization to all or part of
a computer system, provided it is done with
violation of security measures established to
prevent it, it will be punished with imprisonment
not less than one nor more than four years old and with thirty years
ninety days fine.
Anyone who agrees to a
computer system exceeding what is authorized.
Article 3. Attack against data integrity
computer science
The one who, through information technologies
or communication, introduces, deletes, deteriorates, alters,
deletes or makes computer data inaccessible, it will be
punished with a custodial sentence of no less than three
nor older than six years and with eighty to one hundred twenty days
penalty fee.

A Peruvian man

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Tuesday 22 October 2013

Article 4. Attack against the integrity of
information systems
The one who, through information technologies
or communication, disables, totally or partially, a
computer system, prevents access to it, hinders
or prevents its operation or the provision of its
services, will be punished with imprisonment
not less than three nor more than six years old and with eighty years
one hundred and twenty days fine.
CHAPTER III

CHAPTER VI
CYBERCRIME
AGAINST PUBLIC FAITH
Article 9. Impersonation
Whoever, through information or communication technologies
communication impersonates the identity of a natural person
or legal, provided that such conduct results in some
damage, material or moral, will be punished with a privative penalty
of freedom not less than three nor more than five years.

COMPUTER CRIMES AGAINST
SEXUAL INDEMNITY AND FREEDOM

CHAPTER VII
COMMON PROVISIONS

Article 5. Proposals to boys, girls and
teens for sexual purposes by means
technological
The one who, through information technologies
or communication, contact a minor under fourteen
years to request or obtain pornographic material from him,
or to carry out sexual activities with him, it will be
repressed with a custodial sentence of no less than
four or older than eight years and disqualification according to
numerals 1, 2 and 4 of article 36 of the Penal Code.
When the victim is between fourteen and under
Eighteen years old and half deception, the penalty will be
not less than three nor more than six years old and disqualification
in accordance with numerals 1, 2 and 4 of article 36 of the
Penal Code.
CHAPTER IV

Article 10. Abuse of mechanisms and devices
computer science
He who manufactures, designs, develops, sells, facilitates,
distributes, imports or obtains for use one or
more mechanisms, software, devices,
passwords, access codes or any other data
computer science, specifically designed for the commission
of the crimes provided for in this Law, or the one that offers
or provides service that contributes to that purpose, it will be
punished with a custodial sentence of not less than one or
over four years old and with a thirty to ninety day fine.
Article 11. Aggravating factors
The judge increases the custodial sentence up to
by one third above the legal maximum set for
any of the crimes provided for in this Law
when:

COMPUTER CRIMES AGAINST PRIVACY
AND THE SECRET OF COMMUNICATIONS
Article 6. Illegal data traffic
Anyone who creates, enters or misuses a database
of data on a natural or legal person, identified
or identifiable, to market, traffic, sell,
promote, favor or provide information related to
any area of ​the personal, family, patrimonial sphere,
labor, financial or other analogous nature, creating or
no harm, it will be punished with imprisonment
not younger than three and not older than five years.

1. The agent commits the crime as a member
of a criminal organization.
2. The agent commits the crime through abuse
of a special position of access to the data or
reserved information or to the knowledge of this
information due to the exercise of a position or
function.
3. The agent commits the crime in order to obtain
an economic benefit, except in crimes that
foresee such a circumstance.
4. The crime compromises welfare purposes, the
defense, security and national sovereignty.

Article 7. Interception of computer data
The one who, through information technologies
or communication, intercepts computer data
in non-public broadcasts, directed to a system
computer, originated in a computer system or
made within it, including emissions
electromagnetic signals from a computer system
that transports such computer data, will be repressed
with a custodial sentence of no less than three and no more
six years.
The custodial sentence shall be no less than
five or more than eight years old when the crime falls
on information classified as secret, reserved
or confidential in accordance with the rules of the
matter.
The custodial sentence shall be no less than eight
nor older than ten years when the crime compromises the
defense, security or national sovereignty.
CHAPTER V
CYBERCRIME
AGAINST HERITAGE
Article 8. Computer fraud
The one who, through information technologies
or communication, seeks for himself or for another a
illicit profit to the detriment of a third party through the design,
introduction, alteration, deletion, deletion, cloning of
computer data or any interference or manipulation
in the operation of a computer system, it will be
repressed with a custodial sentence of no less than
three or more than eight years old and with sixty to one hundred twenty
fine days.
The penalty will be deprivation of liberty not less than five
nor older than ten years and from eighty to one hundred forty days
fine when the patrimony of the destined State is affected
for welfare purposes or social support programs.

SUPPLEMENTARY PROVISIONS
FINALS
FIRST. Coding of child pornography
The National Police of Peru can maintain in its
files, with the authorization and respective supervision of the
Public Ministry, child pornography material, in
computer data storage media, for
exclusive purposes of the fulfillment of its function. In order to
For this purpose, it has a database duly
encoded.
The National Police of Peru and the Public Ministry
establish coordination protocols within the period of
thirty days in order to comply with the established provision
in the previous paragraph.
SECOND. Undercover agent in crimes
computer science
The prosecutor, attending to the urgency of the particular case
and with due diligence, you can authorize the action
of undercover agents in order to carry out the
Investigations of the crimes provided for in this Law
and of any crime that is committed through technologies of the
information or communication, regardless of whether
they are linked to a criminal organization,
in accordance with article 341 of the Procedural Code
Criminal, approved by Legislative Decree 957.
THIRD. Inter-institutional coordination of the
National Police of Peru with the Public Ministry
The National Police of Peru strengthens the body
specialist in charge of coordinating the functions of
investigation with the Public Ministry. In order to establish
communication mechanisms with the organs of
government of the Public Ministry, the National Police of the
Peru centralizes information by contributing its experience
in the development of programs and actions to

A Peruvian man

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Tuesday 22 October 2013

the adequate prosecution of computer crimes, and
develops protection and security programs.
QUARTER. Operational cooperation
In order to guarantee the exchange of
information, joint investigation teams,
the transmission of documents, the interception of
communications and other corresponding activities
To give effect to this Law, the National Police
Peru, the Public Ministry, the Judiciary and the
private sector operators involved in the fight
against cybercrime should establish protocols
of enhanced operational cooperation within thirty
days from the effective date of this Law.
FIFTH. Training
The public institutions involved in the
prevention and repression of cybercrime should
provide training courses aimed at improving the
professional training of your staff especially
of the National Police of Peru, the Public Ministry and the
Judicial Power in the treatment of the foreseen crimes
in this Law.

taking into account the characteristics, complexity and
circumstances of the cases applicable to companies under
their supervision that fail to comply with the obligation provided in
numeral 4 of article 230 of the Code of Criminal Procedure,
approved by Legislative Decree 957.
The judge, within seventy-two hours,
informs the supervisory body of the
omission incurred by the company, with the precautions
corresponding on the characteristics, complexity
and circumstances of the particular case, in order to apply the
corresponding fine.
SUPPLEMENTARY PROVISIONS
MODIFICATIONS
FIRST. Modification of Law 27697, Law that
grants power to the prosecutor for intervention and control
of communications and private documents in case
exceptional
Modify article 1 of Law 27697, Law that
grants power to the prosecutor for intervention and control
of communications and private documents in case
exceptional, modified by Legislative Decree 991,
in the following terms:

SIXTH. Security measures
The National Office of Electronic Government and
Informatics (ONGEI) permanently promotes, in
coordination with public sector institutions,
strengthening your security measures to
the protection of sensitive computer data and the
integrity of your computer systems.
SEVENTH. Good practices
The Peruvian State carries out joint actions with other
States in order to implement actions and measures
concrete measures aimed at combating the phenomenon of
massive attacks against IT infrastructures
and establishes the necessary prevention mechanisms,
including coordinated responses and exchange of
information and good practices.
EIGHTH. Multilateral agreements
The Peruvian State promotes the signing and ratification of
multilateral agreements that guarantee cooperation
mutual with other States for the persecution of
Cybercrime.
NINTH. Terminology
For the purposes of this Law, it will be understood that
in accordance with article 1 of the Convention on the
Cybercrime, Budapest, 23.XI.2001:

" Article 1. Framework and purpose
The purpose of this Law is to develop
legislatively, the constitutional power granted to
the judges to know and control communications
of people who are the subject of research
preliminary or jurisdictional.
You can only make use of the faculty provided in the
this Law in the following crimes:
1. Kidnapping.
2. Human trafficking.
3. Child pornography.
4. Aggravated robbery.
5. Extortion.
6. Illicit drug trafficking.
7. Smuggling of migrants.
8. Crimes against humanity.
9. Attacks against national security and treason
Homeland.
10. Embezzlement.
11. Corruption of officials.
12. Terrorism.
13. Tax and customs offenses.
14. Money laundering.
15. Computer crimes. "
SECOND. Modification of Law 30077, Law

to. By computer system: all isolated devices
o set of interconnected devices o
related to each other, whose function, or that of some
of its elements, be it the automated treatment
data while running a program.
b. By computer data: all representation
of facts, information or concepts expressed
in any way that is given to treatment
computing, including programs designed
for a computer system to execute a
function.
TENTH. Regulation and imposition of fines for the
Superintendency of Banking, Insurance and AFP
The Superintendency of Banking, Insurance and AFP
establishes the scale of fines according to the
characteristics, complexity and circumstances of the
cases applicable to companies under their supervision that
fail to comply with the obligation set forth in numeral 5 of the
Article 235 of the Criminal Procedure Code, approved by the
Legislative Decree 957.
The judge, within seventy-two hours, puts in
knowledge of the supervisory body of the omission incurred
by the company, with the corresponding precautions on
the characteristics, complexity and circumstances of the case
particular, in order to apply the corresponding fine.
ELEVENTH. Regulation and imposition of fines
by the Supervisory Agency for Private Investment in
Telecommunications
The Supervisory Agency for Private Investment in
Telecommunications establishes the scale of fines

against organized crime
Modify numeral 9 of article 3 of the Law
30077, Law against organized crime, in the following
terms:
" Article 3. Offenses covered
This Law is applicable to the following crimes:
(...)
9. Computer crimes provided for in criminal law. "
THIRD. Modification of the Procedural Code
Penal
Modify numeral 4 of article 230, numeral
5 of article 235 and literal a) of numeral 1 of article
473 of the Criminal Procedure Code, approved by Decree
Legislative 957, in the following terms:
" Article 230. Intervention or recording or registration
of telephone communications or in other ways
Communication
(...)
4. The concessionaires of public services of
telecommunications shall facilitate, within the term
maximum of thirty business days, geolocation
of mobile phones and the intervention procedure,
recording or recording of communications, as well
such as information about the identity of the
service holders, the registration numbers of the
customer, phone line and equipment, traffic
calls and internet protocol numbers,
that has been arranged by resolution
judicial, in real time and in an uninterrupted way,

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Tuesday 22 October 2013

the twenty-four hours of the three hundred and sixty
and five days of the year, under the warning of being
liable to the responsibilities of law in case
of non-compliance. The servers of the indicated
companies must keep secret about the
themselves, unless they are summoned as witnesses to the
process. The judge sets the term in attention to
the characteristics, complexity and circumstances
of the particular case.
Said concessionaires will grant access,
the compatibility and connection of your technology
with the System of Intervention and Control of
Communications from the National Police of Peru.
Likewise, when for reasons of innovation
technology dealers renew their
equipment or software, they will be obliged
to maintain compatibility with the
Intervention and Control of Communications
the National Police of Peru.

Article 235. Lifting of bank secrecy
(...)
5. The companies or entities required with the
court order must provide, within the term
maximum of thirty business days, the information
corresponding or the minutes and documents,
even its original, if so ordered, and all other
link to the process that you determine by reason
of their activity, under the warning of the
responsibilities established by law. Judge
fixes the term according to the characteristics,
complexity and circumstances of the case in
particular.
Article 473. Scope of the process and jurisdiction
1. The crimes that can be object of agreement,
without prejudice to those established by law, are the
following:

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Tuesday 22 October 2013

a) Illegal association, terrorism, money laundering,
computer crimes, against humanity; "
QUARTER. Modification of articles 162, 183-A
and 323 of the Penal Code
Amend articles 162, 183-A and 323 of the Code
Criminal, approved by Legislative Decree 635, in the
following terms:

Contact the Constitutional President of the
Republic for enactment.
In Lima, on the twenty-seventh day of September
of two thousand and thirteen.
FREDY OTÁROLA PEÑARANDA
President of the Congress of the Republic

" Article 162. Telephone interference
Anyone who improperly interferes or listens to a
telephone conversation or similar will be suppressed with

MARÍA DEL CARMEN OMONTE DURAND
First Vice President of the Congress of the Republic

custodial sentence of not less than three nor more
six years.
If the agent is a public official, the privative penalty
freedom shall be no less than four nor greater than eight
years and disqualification according to article 36, subsections
1, 2 and 4.
The custodial sentence shall be no less than five
nor older than eight years when the crime falls on
information classified as secret, reserved or
confidential in accordance with the rules of the
matter.
The custodial sentence shall be no less than eight
nor older than ten years when the crime compromises the

TO THE CONSTITUTIONAL PRESIDENT OF
THE REPUBLIC

defense, security or national sovereignty.
Article 183-A. Child pornography
The one who owns, promotes, manufactures, distributes, exhibits,
offers, markets or publishes, imports or exports by
any medium objects, books, writings, images,
videos or audios, or perform live shows
of a pornographic nature, in which the
people fourteen and under eighteen years of
age, will be punished with imprisonment
not less than six nor more than ten years old and with one hundred
twenty to three hundred and sixty-five days fine.
The custodial sentence shall be no less than ten
nor older than twelve years and from fifty to three hundred
sixty-five days fine when:
1. The minor is under fourteen years of age.
2. The pornographic material is disseminated through
information technology or
communication.
If the victim is in any of the conditions
provided for in the last paragraph of Article 173 or if the agent
acts as a member of an organization
dedicated to child pornography, the privative penalty of
freedom shall not be less than twelve nor more than fifteen years.
If this is the case, the agent will be disqualified in accordance with

THEREFORE:
Command is published and fulfilled.
Given at the Government House, in Lima, at twenty-one
October day of the year two thousand thirteen.
HUMALA TASSO OLLANTA
Constitutional President of the Republic
JUAN F. JIMÉNEZ MAYOR
President of the Council of Ministers
1003117-1

EXECUTIVE POWER
PRESIDENCY OF
MINISTER COUNCIL
Believe
Commission
in charge of preparing the proposal

Multisectoral

of Sanitation Strategy of
Small Mining and Mining
Handcrafted
SUPREME RESOLUTION
No. 340-2013-PCM
Lima, October 21, 2013

numerals 1, 2 and 4 of article 36.
CONSIDERING:
Article 323. Discrimination
Whoever, by himself or through third parties, discriminates against a
or more people or group of people, or incites or
publicly promotes discriminatory acts,
for racial, religious, sexual, genetic reasons,
filiation, age, disability, language, identity
ethnic and cultural, clothing, political opinion or
of any kind, or economic condition, with the
object to nullify or impair recognition,
enjoyment or exercise of the rights of the person, will be
punished with no lesser custodial sentence
two years or more than three or with benefit of
community services from sixty to one hundred twenty
journeys.
If the agent is a civil servant or public servant, the penalty
be not less than two nor more than four years old and
disqualification according to numeral 2 of article 36.
The same custodial sentence indicated in the
previous paragraph will be imposed if the discrimination is
has materialized through acts of physical violence or
mental, or if it is done through the technologies of the
information or communication. "
SUPPLEMENTARY PROVISION
REPEAL
ONLY. Repeal
Repeal number 3 of the second paragraph of the
Article 186 and Articles 207-A, 207-B, 207-C and 207-D
of the Penal Code.

That, through Supreme Decree No. 032-2013-EM
mechanisms are established to continue
and strengthen the process of formalization of the small
mining and artisanal mining referred to in the Decree
Legislative No. 1105 and Supreme Decree No. 006-2012-EM;
That, the Second Complementary Provision,
Transitory and Final of Supreme Decree No. 032-2013-EM,
provides that a Supreme Resolution will create a
Commission in charge of preparing the Strategy proposal
Sanitation of Small Mining and Mining
Artisan, which must report its activities to the
Permanent Commission for the Follow-up of Actions
of the Government against Illegal Mining and Development
of the formalization process conformed by Decree
Supreme Court No. 075-2012-PCM, modified by Decree
Supreme No. 076-2013-PCM;
That, for this reason, it is necessary to create a
Multisectoral Commission of a temporary nature with the purpose
to prepare the proposed Sanitation Strategy for
Small Mining and Artisanal Mining, within the framework
of the provisions of numeral 2 of article 36 of Law No.
29158 - Organic Law of the Executive Power, which provides
that all temporary Multisectoral Commission
is formally created by supreme resolution
endorsed by the President of the Council of Ministers and
the heads of the sectors involved;
Being in accordance with the above and in accordance with the provisions
in numeral 8 of article 118 of the Constitution
Politics of Peru; Law No. 29158 - Organic Law of the

