In Jorge Isidro Murga's habeas corpus case, the Constitutional Court annulled a conviction and returned the proceedings to the prosecution stage. The cultivation facts occurred in May 2003, before Law 28002 introduced the cannabis-cultivation offence applied to him. The court found that applying that provision retroactively violated criminal legality. It required the trial judge to reconsider the custody measure rather than ordering immediate release, and did not establish a general right to cultivate cannabis after the 2003 law.[1]
Listed for context. No score change is recorded for Peru here.
References
- Tribunal Constitucional del Perú — Exp. 08264-2006-HC/TC, Jorge Isidro MurgaJudgment of 24 March 2008, majority reasons 6–15 and operative order, PDF pp. 3–5; distinguish dissent and concurring votesarchived
Checked. The date and the event were compared with a source that was read.