Digitalizing Cross-Border Evidence: Overcoming Barriers to International Judicial Cooperation in Peru to Combat Impunity for Transnational Organized Crime

Abstract

The limitations of the Peruvian Public Prosecutor's Office in obtaining transnational evidence reveal bureaucratic, logistical, and technological barriers that hinder the process. Interviews with specialized prosecutors and a study of judicial cooperation treaties show that excessive formalities and slow procedures generate delays, resulting in evidence that is inadmissible due to procedural preclusion. This weakens the fight against crimes such as drug trafficking and money laundering. A significant case is that of Odebrecht, which highlights the regulatory restrictions on cooperation with Brazil, highlighting the obsolescence of treaties that are more than 20 years old. This lack of speed and coordination promotes impunity and allows criminal networks to operate without punishment. Solutions include digitization through centralized platforms that automate requests and provide automated translation, as well as ensuring the security of electronic evidence using technologies such as blockchain. Furthermore, it is proposed to establish maximum deadlines of 90 days for responses and train staff in transnational criminal law. These measures, along with treaty modernization and multilateral cooperation, would strengthen the effectiveness of evidence and restore public confidence in the judicial system, equating the speed of justice with that of organized crime.