P e r u

11. CONTEMPT AND SEDITIOUS LIBEL

Regarding insult, the Penal Code establishes:

Article 374: ?Anyone who threatens, insults or in any way offends the dignity and decorum of a public official as a result of the exercise of his functions or when he is performing them, shall be subject to incarceration of no more than three (3) years.

?If the offended party is the President of one of the Branches of Government, the penalty shall be no less than two (2) and no more than four (4) years.

Article 375: ?Anyone who causes disorder on the floor of the Congressional or Legislative chambers, of the Regional Assemblies or the Municipal Councils or of the Courts of Justice or any other place where the public authorities exercise their functions, or if he is armed when entering said places, shall be subject to incarceration of no less than one (1) year or to doing community service for twenty (20) to thirty (30) work days.

There is also the conduct defined under insult as a form of seditious libel, and the Penal Code dictates a penalty when performed using the media. Article 344 states: ?Anyone who publicly or by any broadcast medium offends, insults, denigrates or demeans, in writing or verbally, the symbols of the Nation or the memory of the forefathers or heroes that our history consecrates shall be subject to incarceration of no more than four (4) years and to sixty (60) to one hundred eighty (180) fine/days.




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