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IP Treaties Collection
Contracting Parties Convention on Cybercrime Peru

Dates Accession: August 26, 2019 Entry into force: December 1, 2019

Declarations, Reservations

Reservations made upon accession:
"RESERVATIONS ACCORDING TO ARTICLE 42 OF THE CONVENTION
In accordance with Article 6, paragraph 3, of the Convention on Cybercrime, the Republic of Peru reserves the right not to apply Article 6, paragraph 1, sub-paragraph (b) of the Convention.
In accordance with Article 9, paragraph 4, of the Convention on Cybercrime, the Republic of Peru considers that the protected legal property in the national law with respect to child pornography is the freedom and/or sexual indemnity of a minor, based on which it makes a reservation to paragraph 2, sub-paragraphs b) and c) because the conducts referred to in such provisions does not involve the participation of a minor.
In accordance with Article 29, paragraph 4, of the Convention on Cybercrime, the Republic of Peru reserves the right to refuse the request for preservation under this article in case where it has reasons to believe that at the time of disclosure the condition of dual criminality cannot be fulfilled."

Declarations made upon accession:
"1.DECLARATIONS ACCORDING TO ARTICLE 40 OF THE CONVENTION
In accordance with Article 2 of the Convention on Cybercrime, the Republic of Peru declares that its national law requires the offense of illegal access to be committed in violation of security measures.
In accordance with Article 3 of the Convention on Cybercrime, the Republic of Peru declares that its national law requires the offense of illegal interception is committed with criminal intent and that such offense may be committed in relation to a computer system connected to another computer system.
In accordance with Article 7 of the Convention on Cybercrime, the Republic of Peru declares that it may require that a similar fraudulent or criminal intent exists, in accordance with the provisions of its national law, so that the conduct described in that article engenders a criminal responsibility.
In accordance with Article 27, paragraph 9, sub-paragraph (e) of the Convention on Cybercrime, the Republic of Peru declares that in the interest of efficiency, the requests made under provisions of Article 27, paragraph 9, of the Convention should be addressed to its Central Authority.
2. AUTHORITIES
The Republic of Peru declares that the following authority has been designated as responsible pursuant to Article 24, paragraph 7, Article 27, paragraph 2 and Article 35 of the Convention on Cybercrime:
Unidad de Cooperación Judicial Internacional y Extraditiones del Ministerio Público, Avenida Abancay cuadra 5 s/n, piso 9, Cercando de Lima – Peru."

 

Act(s) Article(s) Signature Instrument Entry into Force